Even with the self-driving capabilities of vehicles like Tesla's, it's crucial to understand that the operator is always expected to be present and responsible. The question of whether you can get a DUI if your Tesla is in autopilot mode is a valid one, and the answer is yes. To convict you for DUI in California under Vehicle Code 23152, it must be proven that you were in control of the vehicle and that you were under the influence of alcohol and/or drugs.
There is no exception for self-driving cars. Even for cars on autopilot, the driver would still have to turn on the vehicle and begin driving to engage the autopilot system. Since the operator is in the driver's seat and causes the vehicle to begin moving, the prosecution can use this to show that you were still driving, even if you weren't touching any controls at the time of being pulled over.
Even for autonomous cars, the operator must always be alert and ready to take over control if the autopilot feature encounters problems. The law mandates safety features that enable the driver to regain control of the vehicle in the event of an emergency.
If you are intoxicated, you may not be aware of any malfunctions that would require you to take manual control, or you may react too slowly to avoid a traffic accident.
With the growth of autonomous vehicles, lawmakers might need to establish new legislation to address these technological innovations. In the future, DUI laws may need to differentiate between situations where a vehicle is completely automated and those where a driver has some degree of control over the vehicle.
The Society of Automotive Engineers (SAE) defines six levels of driving automation, ranging from 0 (fully manual) to 5 (fully autonomous). Currently, most “self-driving” vehicles are at Level 2 or 3, which still require significant human oversight.
Definition of "Driving" in California
VC 23152 makes it illegal to "drive" a vehicle while under the influence. Under California's legal definition, driving doesn't just mean sitting behind the wheel; rather, 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 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.
This means that even in a self-driving car that navigates independently, being impaired while sitting in the driver's seat can lead to a DUI charge.
Even if your car is set to an advanced setting that handles most functions without intervention, you are still responsible for making informed decisions. Self-driving systems rely on human oversight to intervene, particularly in emergencies.
For example, if you become so impaired that you cannot safely handle a sudden change in traffic or road conditions, the consequences could be catastrophic. 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.
Key Takeaways
- Despite the advanced self-driving technology, Tesla's Autopilot is not fully autonomous, and you're responsible for the vehicle's operation.
- Self-driving technology, including autonomous systems, is designed to assist drivers, not replace them.
- If you are behind the wheel even when a self-driving system is engaged and you are under the influence, you can be for DUI.
- Autopilot and Full Self-Driving (FSD) features offer advanced driver assistance, but don't exempt drivers from California DUI laws.
- The legal consequences of a DUI charge in California can be severe, including fines, license suspension, and even imprisonment.
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) includes navigation on autopilot, auto lane change, and smart summon.
Autopilot and full self-driving have a level 2 autonomy because they're not fully autonomous. Drivers must remain focused, alert, and ready to take control. Some believe FSD means the car drives itself entirely, which is not true. Both Autopilot and FSD require supervision and intervention.
Drivers must remain engaged and be prepared to take over if the system encounters any issues. Understanding the limitations of Tesla's Autopilot and Full Self-Driving (FSD) features is not just important, it's crucial. It ensures we use them safely and effectively while driving.
Simply put, self-driving cars currently on the market are not classified as fully autonomous. Vehicles like Tesla and Waymo still fall under what's referred to as "Level 2" or "Level 3" automation. This means they can handle specific driving functions, such as lane-keeping or adaptive cruise control, but they require human supervision at all times.
When you're behind the wheel of a self-driving car, you're not a passenger; you're still considered the operator. If the vehicle requires human intervention at any moment, you are expected to provide it. This connection means that California law still considers you responsible for the vehicle's operation, even if the car is doing most of the work.
Penalties for a DUI in CA
If you're convicted of a DUI in California, even in the context of a self-driving car, you could face DUI penalties that include the following, underscoring the seriousness of the situation:
- Fines and Fees: A first-time DUI conviction carries fines ranging from $390 to $1,000 in addition to fees for DUI classes, license reinstatement, or other expenses, which can escalate the total.
- License Suspension: You will likely face the suspension of your driver's license from six months to one year for a first offense.
- DUI Education Programs: You will be required to attend a DUI education program that last three months to over a year.
- Possible Jail Time: You could face up to six months in county jail. For repeat offenses or situations involving injury to others, jail or prison time is more likely, and the duration of the sentence increases over time.
- DUI Accidents: In the event of an accident, the consequences can be even more severe, such as hefty fines, a suspended license, mandatory DUI education programs, and even jail time.
- Probation: If you're convicted of a DUI, you can 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 DUI Defenses?
Police officers often notice erratic driving behavior such as swerving, sudden braking, or driving at inconsistent speeds. During a stop, they may discover that the driver is under the influence, even if the vehicle seemed to be operating autonomously.
When facing DUI charges while using Tesla's Autopilot, several DUI defense strategies can be considered by our Los Angeles DUI lawyers. Perhaps we can challenge the traffic stop and arrest. We will 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.
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, Cron, Israels & Stark, based in Los Angeles.
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