Man Arrested for DUI While Using Autopilot Mode on Vehicle

The Tesla was driving at a rate of 70 miles per hour with the driver asleep behind the wheel.

Man Arrested for DUI While Using Autopilot Mode on Vehicle

On November 30, the California Highway Patrol (CHP) encountered an unusual situation in the Bay Area: a speeding vehicle that wouldn’t stop when they signaled. The driver — Alexander Samek — was unresponsive and appeared to be asleep behind the wheel. Realizing that the vehicle — a Tesla Model S — was likely in autopilot mode, the CHP got in front of the vehicle and slowed down in order to trigger its sensors and get it to slow down as well. Eventually, the car stopped and the officers were able to wake up the driver. Mr. Samek failed a field sobriety test and was arrested on suspicion of driving under the influence.

According to a Riverside DUI defense attorney, this is not the first time that CHP has had to deal with an intoxicated driver behind the wheel of a self-driving car. Earlier this year, officers pulled over a Tesla on the Bay Bridge after discovering that its driver was passed out in the driver’s seat. Although the vehicle was in autopilot mode, the driver’s blood alcohol content (BAC) was twice the legal limit — and he was arrested for driving under the influence.

Autonomous vehicles are an exciting technology that have become increasingly popular in California and across the country. Yet these two cases illustrate an important pint — that no car is fully autonomous. According to Tesla, “Autopilot is intended for use only with a fully attentive driver.” As a skilled Riverside DUI defense attorney can explain, this means that if you have been drinking or are otherwise under the influence, relying on the autopilot mode of your vehicle will not be enough to avoid a possible DUI arrest.

In California, to be convicted of a DUI, the prosecutor must introduce evidence that the driver was in physical control of the vehicle and caused the vehicle to move. While there may be an argument in the future that a driver using autopilot mode is not in control of a vehicle, as technology currently stands, drivers using autopilot are in control of the vehicle and are causing them to move. This means that a seasoned Riverside DUI defense attorney cannot likely make the argument that you were not in control of your vehicle if you are arrested for a DUI while your car was in autopilot mode.

As technology evolves, the law will likely need to change to keep up with these types of advances. Until that time, if you have been arrested for a California DUI (whether in your regular vehicle or in a self-driving car), you will need an experienced Riverside DUI defense attorney to represent you.

The Chambers Law Firm is highly skilled at assisting clients who have been charged with DUIs. We work with prosecutors to have the charges reduced or dismissed. When necessary, we take cases to trial to protect the rights of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Riverside DUI defense attorney.

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