Fact check: You cannot get a DUI on a horse in North Carolina

According to the law offices of J. Scott Smith based in Winston-Salem, you can't get a Driving While Impaired conviction in North Carolina if you're caught drinking while riding a horse.

• It's not considered a "vehicle" under state law.
• You can, however, get charged for driving while intoxicated if you're caught doing so on a bike or a lawnmower.

Context: The video isn't new but it's newly viral, getting more than 20 million views on TikTok. Christian Braswell says he was filling up his gas tank a few years ago when he spotted the man on the horse.

• "His name is Mitchell and he's a local legend," Braswell tells Axios. "He's been riding around with a bottle in his hand since I was a kid."
• Braswell also got to ride Mitchell's horse. "He roasted me because I told him I had never ridden a horse before and then INSISTED I rode his."

Go deeper: Watch the video