Yesterday, we posted a blog entry about how Travis County leads all counties in Texas for
DWI arrests. A few months ago, Travis County police made the news again when they arrested two men for driving while intoxicated.
The arrest, however, was not a normal arrest. Instead, it concerned two men that were on Sixth Street riding . . . . a horse and a mule. That is correct, a horse and a mule. The men took the horse (Big Red) and a mule (Mula) to Sixth Street and invited people in bars to come out and take pictures with them.
The Austin police believed that the men were intoxicated and instead of arresting them for public intoxication (which they obviously were) the police arrested them for operating a motor vehicle while intoxicated. The poor officer that had to justify the arrest attempted to claim that the law was unclear at the time of the arrest. There is a surprisingly large amount of case law that makes it clear that DWI arrests cannot be predicated on the operation of an animal.
Here is the video: