OVI Case Law Update…and the horse you rode in on

I have been inundated with questions regarding nonconventional vehicles such as golf carts, bicycles and mowers following an earlier post.  Here, courtesy of Judge Painter (Ohio Driving Under the Influence Law, 2005 ed) is the law.  Ohio courts have upheld violations of the DUI law where the accused was operating a bicycle (intoxicated and mounted) State v. Shepard (1981), 1 Ohio App.3d 104, 439 N.E.2d 920;  State v. Vest (1986) 1986 WL 11152 (Ohio Ct. App. 4^th Dist. Ross County); State v. Hilderbrand (1987, 2^nd Dist.), 40 Ohio App.3d 42, 531 N.E.2d 775; State v. Loudon, 1996 WL 488792 (Ohio Ct. App. 5^th Dist. Stark County). In State v. Moran 1998 WL 281375 (Ohio Ct. App. 9^th Dist. Wayne County 1998, and State v. Carkhuff (1971) 26 Ohio Misc. 216, 55 Ohio Op.2d 321, 270 N.E.2d 379 (Muni Ct.) snowmobile use supported a conviction.  Operating a golf cart while intoxicated was found to be sanctionable in State v. Sanchez, 1991 WL 132506 (Ohio Ct. App. 6^th Dist., Ottawa County 1991) and so was a farm tractor inWauseon v. Badenhop (1984), 9 Ohio St.3d 152.  Horses, however, have escaped similar treatment.  In State v. Euton (1996) 77 Ohio Misc.2d 19, 665 N.E.2d 775 (Portsmouth Municipal Court) the court found that a horse was not a vehicle for purposes of the statute.