LAKELAND, FL - A Polk City woman was in court Tuesday fighting to regain custody of her horse "Bo Duke" after being charged earlier this month for being intoxicated while riding the horse on a Lakeland road. After a report from a passerby that the woman on the horse seemed confused, deputies found Donna Byrne, 53, riding the horse on Combee Road near North Crystal Lake Road in Lakeland, an arrest affidavit said.

Deputies said Byrne had an odor of alcohol, red watery eyes, and staggered. A field sobriety test was conducted, and she was subsequently arrested for DUI, deputies said. Byrne provided breath samples of .157 and .161, deputies said. A breath alcohol level of .08 is the legal limit in Florida. Byrne also was charged with animal neglect for failing to provide proper protection for the horse, placing it in jeopardy of being injured or killed.

After her arrest, the horse was taken to the Polk County Sheriff's Animal Control livestock facility. Two additional hearings will be held before the judge makes a decision on custody of the horse. News Channel 8 reported that Byrne's prior criminal history includes five felony and 10 misdemeanor charges, consisting of cruelty to animals, drug possession, probation violation, and criminal traffic.

"Ms. Byrne was obviously not in any condition to be on the road. She not only put herself and the horse in danger, but also anyone who was driving on the road, which is typically very busy," said Polk County Sheriff Grady Judd.

"She had ridden that horse probably about 10 miles just as drunk as she could be," Judd said. "This lady was twice the legal limit. She was scaring the cars cause she was weaving the horse up near and onto the road. And back off into the side of the road."