This wave of the future may help our roads become safer.
While many people are still wary of the technology, it appears that self-driving cars are here to stay. Self-driving cars have been shown to reduce the number of accidents on the road, and seem to be increasing in popularity across the country.
The idea behind self-driving cars is both simple and complicated: a set of sensors and cameras, together with a computer system, detects the road, other vehicles and obstacles. It then drives the car for the “driver,” while the driver can sit back, relax, and enjoy the ride. But according to manufacturers, when a self-driving car is in auto-pilot mode, he or she must still be alert — and ready to respond if necessary.
For seasoned Orange County DUI defense lawyers, this raises an important question: how exactly will DUI laws be applied to self-driving cars? Driving under the influence of alcohol or drugs is against the law in California — but can a “driver” be charged if the car is really the one doing the driving?
As an initial matter, it is important to remember that many people who are arrested for DUIs are stopped because of erratic driving. They may run a red light, weave across the center line, or otherwise drive in a pattern that is typical of someone who is drunk or impaired by drugs. With a self-driving car, this type of driving will not likely appear — making it less obvious to law enforcement agencies that the person behind the wheel is under the influence. And if a person is not stopped, it follows that he or she cannot be arrested for driving under the influence.
Another question that must be answered is how sober must a “driver” be in order to essentially sit in the driver’s seat while the car is in auto-pilot mode. Is the car another designated driver — or do self-driving cars still require that the driver remain sober? In auto-pilot mode, drivers must be ready to take over operation of the car at any point — which means that as technology currently stands, drivers must be under the legal limit if they are behind the wheel in a self-driving car. Because these types of questions are not addressed in the current law, an Orange County DUI defense lawyer would advise anyone with a self-driving car to play it safe and not drink and drive.
This brings up a related subject: if the driver is merely sitting behind the wheel, staying alert, is he or she really operating the vehicle? Under California law, the driver is defined as someone in “actual physical control” of the vehicle. Courts have interpreted this phrase to mean causing the vehicle to move forward (even with the engine off) and running the engine itself. As the law is currently written and interpreted, even though the car would technically be operating itself, the person sitting behind the wheel would be considered a driver — and subject to California’s DUI laws.
We don’t yet know how self-driving cars will impact DUI laws, but we can expect that they will not eliminate them entirely. There may always be a requirement that a driver be alert and ready to take control of a self-driving vehicle — an element that would necessitate that the driver not be impaired. The law has not caught up with the technology, so as things currently stand, the best bet is to play it safe. Even if you have a self-driving car, if you will be behind the wheel, do not drink or do drugs.
At the Chambers Law Firm, our team of experienced Orange County DUI defense lawyers is highly skilled at assisting people who have been charged with DUIs. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more.
