State v. Dellinger

EAGLES, Judge.

I

This appeal presents an issue of first impression: whether a horse is a vehicle for the purpose of charging a violation of G.S. 20-138.1? We hold that it is.

G.S. 20-138.1 provides in pertinent part:

A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this state . . . [w]hile under the influence of any impairing substance; or . . . [a]fter having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.10 or more. [Emphasis added.]

Defendant…