BARTOW, Fla. � A Florida judge said a sheriff�s office must retain custody of a horse whose owner was charged with drunken driving while riding the animal.

In a report by The Ledger, Polk County Judge Sharon Franklin said 53-year-old Donna Byrne was unfit to care for the horse. Franklin also said Byrne must complete treatment for alcohol addiction.

Byrne was arrested Nov. 2 after riding her horse down a highway. Police said her blood-alcohol level twice Florida�s legal limit.

Byrne�s attorney, Craig Whisenhunt, said he will revisit the custody issue at a Jan. 11 hearing regarding additional pending charges of disorderly intoxication, animal endangerment and culpable negligence.

Whisenhunt questioned whether the charges applied to Byrne, saying she had not been disorderly and was a pedestrian under the law.

Information from: The Ledger (Lakeland, Fla.), http://www.theledger.com