A common question has now become whether you can still get a DUI in California if you're not technically driving, such as while driving in your Tesla with autopilot engaged. The significant rise of self-driving cars has brought this legal question into focus.
With laws evolving as quickly as self-driving technology, it's crucial for every driver to proactively stay informed about the latest developments, empowering them to make responsible decisions.
The simple answer to the question is yes, you can still get charged with driving under the influence even if your Tesla is on Autopilot. Despite the advanced self-driving technology, Tesla's Autopilot is not fully autonomous, meaning you're still responsible for the vehicle's operation.
Some drivers who thought they were exempt from the laws while using autopilot have been arrested for drunk driving while using autopilot, underscoring the serious legal consequences of such actions.
With the growing proliferation of self-driving cars on California roads, many drivers of these cars wrongly assume they are "safe to travel" if they have had too much to drink, provided they put the car on autopilot. Under California law, however, these people are sorely mistaken.
Simply put, if you are behind the wheel even when a self-driving system is engaged and you are under the influence, you can still be arrested and charged with DUI in California.
At Eisner Gorin LLP, we have experience handling DUI cases, including those involving self-driving technology, such as Tesla's Autopilot. Whether you're in a self-driving car or a traditional motor vehicle, we will help you navigate the complexities of these unique situations.
Autopilot and Full Self-Driving
Tesla's Autopilot is an advanced driver assistance system that features lane centering, adaptive cruise control, and traffic-aware cruise control, helping drivers to drive more comfortably and safely.
Full Self-Driving (FSD) is a more advanced package that includes navigation on autopilot, auto lane change, and smart summon. FSD aims to enable the car to perform more complex tasks.
Autopilot and full self-driving have a level 2 autonomy because they're not fully autonomous. Even with these technologies, drivers must remain vigilant and stay focused. For example, a driver's responsibilities include the following:
- Remain alert and ready to take control.
- Monitor the vehicle and surroundings.
- Understand the vehicle is not fully autonomous.
Many people believe FSD means the car drives itself entirely, which is not true. Both Autopilot and FSD require our supervision and intervention. Additionally, some people believe FSD allows for "hands-free" driving, but this is also untrue. Drivers must remain engaged and be prepared to take over if the system encounters any issues.
Understanding the true capabilities and limitations of Tesla's Autopilot and Full Self-Driving (FSD) features ensures we use them safely and effectively while driving. For further details, visit Tesla Autopilot.
So, knowing this important information, can you be charged with DUI if you were operating a self-driving vehicle at the time? As noted above, the answer is yes.
Under California Vehicle Code (VC) 23152, you are still held responsible for operating the vehicle even if it is equipped with self-driving technology. Understanding why this is the case requires a closer look at the law and the current capabilities of these vehicles.
Key Takeaways
- Self-driving technology, including autonomous systems, is designed to assist drivers, not replace them.
- Tesla Autopilot is not fully autonomous. The system requires drivers to remain attentive and ready to take control at any moment.
- While Tesla's Autopilot and Full Self-Driving (FSD) features offer advanced driver assistance, you are not exempt from DUI laws.
- If you are found to be under the influence, you can still be prosecuted for DUI, regardless of whether the vehicle was in autonomous mode.
- The legal consequences of a DUI charge in California can be severe, including fines, license suspension, and even imprisonment.
- It's crucial always to remain sober and attentive when operating a vehicle, even if it has self-driving features.
- There have been several instances where drivers using Tesla's Autopilot were charged with DUI.
- Law enforcement and courts treat drivers in Tesla's the same as those in traditional vehicles when it comes to DUI charges.
- Law enforcement officers often notice erratic driving behavior such as swerving, sudden braking, or driving at inconsistent speeds.
- During a stop, police may discover that the driver is under the influence, even if the vehicle seemed to be operating autonomously.
- Legal consequences are similar for all drivers, regardless of vehicle automation.
Why Self-Driving Technology Doesn't Remove DUI Liability
The reason you can still be prosecuted for DUI in a self-driving car in California is effectively two-fold: a) the car you're driving isn't fully autonomous, and b) you're still considered to be in control of the vehicle while it's moving.
Self-Driving Cars Aren't Fully Autonomous
No self-driving car currently on the market is classified as fully autonomous (yet). While brands like Tesla, Waymo, and others have made significant advances, these vehicles still fall under what's referred to as "Level 2" or "Level 3" automation. At these levels, the cars can handle specific driving functions, such as lane-keeping or adaptive cruise control, but they require human supervision at all times.
This means that the driver must remain attentive and ready to take over when necessary, highlighting the importance of responsible driving even in a self-driving car.
When you're behind the wheel of a self-driving car, you're not a passenger; you're considered the operator. If the vehicle requires human intervention at any moment, you are expected to provide it.
This connection to active control means that California law still considers you responsible for the vehicle's operation, even if the car is doing most of the work.
The Definition of "Driving" in California
VC 23152 makes it illegal to "drive" a vehicle while under the influence-but what actually constitutes "driving?" Under California's legal definition, driving encompasses not only sitting behind the wheel but also operating a vehicle. It includes having actual physical control of a vehicle while it's in motion.
Even if a self-driving car is doing the physical steering, braking, or accelerating, you're not absolved of responsibility when the vehicle is in motion.
Courts have consistently ruled that "physical control" applies to anyone in the driver's seat of an operational vehicle, regardless of whether they are manually steering the car. Therefore, even in a self-driving car that navigates independently, being impaired while sitting in the driver's seat can lead to a DUI charge.
What If the Vehicle Appears to Be Fully Driving Itself?
Even if your car is set to an advanced setting that handles most functions without intervention, you are still legally responsible for making informed decisions about its operation.
Self-driving systems are not foolproof and rely on human oversight to intervene, particularly in emergencies. For instance, if you fall asleep or become so impaired that you cannot safely handle a sudden change in traffic or road conditions, the consequences could be catastrophic.
To the court, this demonstrates the importance of remaining engaged and unimpaired while using self-driving technology. VC 23152 is designed to protect public safety, and that includes scenarios where the operator of a self-driving car is impaired.
Penalties for a DUI in California
The legal and financial consequences of a DUI in California are serious. If you're convicted, even in the context of a self-driving car, you could face penalties that include:
- Fines and Fees: A first-time DUI conviction in California typically results in fines ranging from $390 to $1,000. This does not include additional court costs, fees for DUI classes, license reinstatement, or other expenses, which can significantly escalate the total.
- License Suspension: Conviction of a DUI will likely lead to the suspension of your driver's license. For a first DUI offense, this can range from six months to one year. Subsequent offenses result in longer suspensions or even permanent revocation of driving privileges.
- DUI Education Programs: California requires anyone convicted of a DUI to attend a mandatory DUI education program. Depending on the severity of the offense, these programs can last anywhere from three months to over a year.
- Possible Jail Time: While it's rare to be jailed on your first DUI, first-time offenders may still potentially face up to six months in county jail. For repeat offenses or situations involving injury to others, jail time is more likely, and the duration of the sentence increases over time.
- DUI Accidents: If an accident occurs or if a driver is found unresponsive behind the wheel, the consequences can be even more severe. A DUI conviction can mean hefty fines, a suspended license, mandatory DUI education programs, and even jail time.
- Probation: If you're convicted of a DUI, you may be placed on probation for three to five years. During this period, the court may impose additional restrictions, such as refraining from driving with any measurable blood alcohol content or attending regular Alcoholics Anonymous meetings.
What are Possible Defenses?
When facing DUI charges while using Tesla's Autopilot, several legal strategies by a DUI lawyer can be considered. Understanding the interplay between driver responsibility and vehicle technology is crucial.
Perhaps we can challenge the traffic stop and arrest. We thoroughly investigate whether the police had legal grounds to stop and arrest you. Any violations of your rights or mistakes by police could lead to a reduction or dismissal of your charges.
Perhaps we can use vehicle technology to our advantage. We are aware of the current developments in self-driving car technology and the relevant laws. We can challenge the assumption that you were actively operating the vehicle in a traditional sense, which can be a critical factor in your defense.
We can work to minimize the consequences. Even if a conviction cannot be completely avoided, we can negotiate for reduced charges, lighter sentences, and alternative penalties, such as probation, community service, or DUI school. For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.
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