Technically one could in my state, but there was a case (granted, 20+ yrs ago) where an old timer got it tossed out because despite being drunk af, he wasn’t on the road but off on the shoulder and there were enough witnesses and history to testify the horse consistently took him home without posing a danger to road safety. A lot of factors went in to that win, old timer, small town, everybody knew him, judge didn’t see him as an issue, so I wouldn’t suggest it for everybody in every situation.