DUI and Self-Driving Cars: What San Diego Drivers Need to Know About Autonomous Vehicle Laws
As technology advances, so do the questions around personal responsibility especially on the road. With Tesla’s Autopilot, GM’s Super Cruise, and other semi-autonomous driving features becoming more common on San Diego highways, many drivers wonder: Can you still get a DUI in a self-driving car?
The short answer? Yes, and the law isn’t as futuristic as the vehicle you’re in. California, including San Diego County, has made it clear that if you’re behind the wheel, even if your car is driving itself, you’re still responsible.
Understanding California’s DUI Law (Even in the Age of Autonomy)
Under California Vehicle Code § 23152, it’s illegal to operate a vehicle while under the influence of alcohol or drugs. Notice the wording “operate” and not “control” or “manually steer.”
This becomes tricky with autonomous and semi-autonomous vehicles. You might think: If the car is doing the driving, how can I be operating it?
But here’s the catch, California courts interpret “driving” to include sitting behind the wheel in a position to operate the vehicle, even if the car is in motion via software or driver-assist systems.
Levels of Autonomy & Why They Matter in DUI Cases
Not all self-driving tech is created equal. Here’s how DUI laws apply based on autonomy levels:
- Level 2 (e.g., Tesla Autopilot, Ford BlueCruise):
You must remain attentive and ready to take over. You’re still considered in control, so DUI laws absolutely apply. - Level 3–4 (experimental, limited use):
The vehicle can drive under certain conditions, but a human driver may still need to intervene. Still DUI-applicable. - Level 5 (fully autonomous – not commercially available yet):
No steering wheel, no human input. These vehicles might shift the legal definition of “driver,” but we’re not there yet. Until then, expect existing DUI laws to apply.
What About Parked Cars with Autonomous Features?
A common misconception is that if the car is parked or self-parking, you’re safe.
Unfortunately, California case law has upheld DUI convictions for people found asleep in parked cars with the engine on. If your car is idling, navigating a parking lot, or engaged in any movement and you’re intoxicated, you could be charged with a DUI.
The Future of DUI Law and Self-Driving Cars
As autonomous tech evolves, the legal system will be forced to catch up. In the meantime, California is playing it safe, holding drivers accountable, regardless of how advanced the vehicle is.
We may eventually see new laws that shift DUI liability from humans to AI systems, but until then, the person behind the wheel bears the legal burden.
What to Do If You’re Charged with a DUI in an Autonomous Vehicle
If you’ve been arrested for DUI while using a self-driving or semi-autonomous vehicle in San Diego, your case may involve unique legal nuances. This is not the time for a one-size-fits-all defense strategy.
A skilled DUI defense attorney can:
- Analyze dashcam and system logs to challenge “driver” definitions
- Determine whether your actions constituted actual operation
- Explore defenses based on misunderstanding or improper testing
Responsibility Still Rests with You
Self-driving cars are changing the way we travel but they haven’t changed the law. If you’re behind the wheel in San Diego, drunk or drugged driving is still illegal, no matter how smart your car is.
The future of mobility may be autonomous, but DUI responsibility isn’t, yet. If you’ve been charged with a DUI involving a self-driving vehicle, reach out to an experienced San Diego DUI attorney like Rick Mueller, who understands where the law meets the latest tech.
DUI and Self-Driving Cars: What San Diego Drivers Need to Know About Autonomous Vehicle Laws