Legal or Illegal: Drunk Horseback riding

Austin, TX - Two men charged with driving while intoxicated had their charges reduced to public intoxication after police arrested them for riding a horse and donkey down 6th Street.
Jose Rios, 33, and Samuel Olivo Jr., 48, were caught riding a horse and donkey in the 300 block of E. 6th Street while intoxicated. The two were coaxing people on the street to come, take pictures and pet their horse and donkey. Officers say the two were impeding traffic and could have caused an accident.
Officers conducted a field sobriety test on the two and then charged with DWI. According to Texas Penal Code, Chapter 49 (Driving While Intoxicated), the definition of a motor vehicle is given in Chapter 32.34 (a)(2) of the Texas Penal Code. The definition of a motor vehilce given in Ch. 32.34 (a)(2) is: a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.
DWI charges were dropped for both Rios and Olvio, but Rios was charged with public intoxication.
As for the animals, officers had to transfer to the horse and donkey to the Town Lake Animal Center until they could get better accomodations at Elgin animal hospital.

Vote.

[ShakeNBakes]

So does a drunk guy getting a piggy back ride down the middle of the street also count as drunk driving then?

[ElDucky]

So a horse is a device?

[glassjaws]

I'm gonna page CNN early to alert him about some of the future responses.

[vividox]

I would vote that drunk horseback riding in and of itself is not driving while intoxicating, but they could have be charged with public disturbance or not following traffic laws by blocking the street.

[ElDucky]

I'll bet the horse wasn't wearing a diaper; another crime.

[whisper]

Just because the rider is drunk, doesn't mean that the horse is impaired.

Now, if the horse was drunk....

Spoiler:

Although, who wouldn't want to watch an officer give a field sobriety test to a horse...

[MAX.]

Horseback; yes
Donkeyback; no (but that should be a different crime since it was done in public)

[Len Myers]

Originally Posted by ShakeNBakes

So does a drunk guy getting a piggy back ride down the middle of the street also count as drunk driving then?

oh, yeah! it's not about safety.

[JUICE]

If people think riding a horse drunk constitutes DUI, then said laws are doomed to descent further into absurdity. I suppose walking down the street while drunk should constitute DUI too?