“Auto-Driving While Impaired” Legal Risks Of DUI With Assisted Driving Vehicles In Marin County

In this article, you can discover…

• Whether you can legally drink behind the wheel of a self-driving car.
• If the law changes based on semi vs. fully autonomous vehicles.
• How this area of law is expected to evolve in California.

What Is California’s DUI Law On Self-Driving Or Assisted-Driving Technology?

In California, Vehicle Code Section 38750 explains that the “operator” of an autonomous vehicle is considered to be the person, the human being, who is either in the driver’s seat or who is sitting in the vehicle to intervene if something happens.

So, can you get a DUI if the car was driving itself? Absolutely. California Law still requires someone to be behind the wheel of a self-driving vehicle, with the exception of self-driving taxis like Waymo. In those cases, if you’re a passenger in a self-driving taxi, you are allowed to be under the influence as a passenger in the back seat.

But if you’re behind the wheel of your Tesla, you’re still liable if something happens, even if the vehicle was driving itself. You are legally required to be watching the road, aware of what is going on, and in an alert, sober condition.

This means that if an accident happens or if you’re pulled over in a self-driving vehicle and are over the legal limit or otherwise impaired, you’re still on the hook.

What Are Common Misconceptions About Autonomous Driving And DUIs?

The most common misconception people have is that “The car was driving itself. I wasn’t driving, so I’m not liable.” I had a case where a client claimed his vehicle was in autonomous mode and the braking failed, causing him to rear-end the person in front of him. In reality, even if a vehicle malfunction occurs, you are still required to grab the wheel, hit the brakes, and take the needed steps to avoid an accident.

You were still in charge of that vehicle, you still chose to put it into autonomous mode, and you are still liable for any damage that occurs if you fail to react. If you were behind the wheel and over the legal limit of 0.08% BAC (or 01% if you’re under 21), you are still looking at a DUI arrest and a potential conviction.

Eventually, automated vehicles will become far more affordable, the technology will improve, and everyone will just jump behind the wheel of their truly autonomous car. If the design is such that there’s no steering wheel and no pedals, then the person along for the ride can’t be held responsible if there’s no wheel to grab or brakes to hit. But we’re not there yet.

At the moment, if you’re behind the wheel of a self-driving car, you’re pulled over, and you’re found to be over the limit, you’re looking at a DUI arrest.

Are DUIs Charged Differently In Partially Vs. Fully Autonomous Vehicles?

No, you will be charged the same whether the vehicle is marketed as partially or as fully autonomous. If you are behind the wheel, you are responsible. This means you need to be sober, watch the road, and be ready to take over. This is true if the car is navigating the road by itself or if you are using a less involved assisted driving technology.

As this technology becomes more common, I would imagine more people are going to come out of a bar or a party and simply think, “My

Tesla can get me home”. But even cars that can navigate the road from start to finish need to be supervised. If you’re behind the wheel of even the latest Tesla while under the influence, you’re risking an arrest.

How Is This Area Of DUI Law Expected To Evolve In California?

Within the next 10 years, I can imagine that many DUI lawyers like myself will simply have fewer cases to handle. Fully autonomous cars that don’t require supervision are likely to be built, letting people simply hop in inebriated and get home without having to watch the road at all. Laws and standards will adapt, as well.

I don’t see DUI law becoming any less strict. The vast majority of voters want safe roads, and no one running for local or state government ever runs on the platform of going softer on DUI cases. If anything, laws may get stricter in the next 10 years, as better autonomous technology leaves fewer excuses for driving under the influence.

At the moment, however, a self-driving car does not get you off the hook for a DUI, no matter how good the technology or the software package.

Still Have Questions? Ready To Get Started?

For more information on DUI with autopilot in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.