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,” allowing the driver to sit back, relax, and enjoy the ride. However, according to manufacturers, when a self-driving car is in autopilot mode, the driver must still remain alert and ready to respond if necessary.
For seasoned 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?
The Impact of Self-Driving Cars on DUI Enforcement
Reduced Erratic Driving
Many DUI arrests occur because of erratic driving. Individuals who are under the influence may run a red light, weave across the center line, or exhibit other patterns of impaired driving. With self-driving cars, such erratic behavior is less likely to occur. The advanced technology in these vehicles is designed to follow traffic rules precisely, making it less obvious to law enforcement that the person behind the wheel is impaired. If a person is not driving erratically, they are less likely to be stopped and, therefore, less likely to be arrested for DUI.
Legal Sobriety Requirements
Another critical question is how sober a “driver” needs to be when a car is in autopilot mode. Can a self-driving car serve as a designated driver, or does the driver still need to remain sober? Current technology requires drivers to be ready to take over the operation of the car at any point. This means that drivers must still be under the legal limit for alcohol consumption if they are sitting behind the wheel of a self-driving car. Since these issues are not explicitly addressed in current DUI laws, legal experts would advise caution: even with a self-driving car, it is best not to drink and drive.
Definition of “Driver” and “Actual Physical Control”
A related issue is whether a person sitting behind the wheel of a self-driving car is considered to be operating the vehicle. Under California law, a driver is defined as someone in “actual physical control” of the vehicle. Courts have interpreted this to mean causing the vehicle to move forward (even with the engine off) and running the engine itself. Given this interpretation, even though the car may be operating autonomously, the person behind the wheel would still be considered a driver and subject to DUI laws.
Future Implications for DUI Laws
While self-driving cars may change some aspects of how DUI laws are enforced, it is unlikely that they will eliminate the need for these laws entirely. There may always be a requirement that a driver be alert and ready to take control of a self-driving vehicle, necessitating that the driver not be impaired. As the law currently stands, it is crucial for anyone using a self-driving car to remain sober if they are behind the wheel.
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We do not yet know how self-driving cars will fully impact DUI laws, but it is clear that they will not entirely eradicate the issue. Until laws evolve to address this new technology, it is safest to avoid alcohol or drugs if you will be behind the wheel of a self-driving car.
At Chambers Law Firm, our team of experienced DUI defense lawyers is highly skilled at assisting individuals charged with DUIs. Contact us today at 714-760-4088 to schedule a free initial consultation or to learn more about how we can help.