Modern times. Modern problems.
A question we sometimes get is “Can I still get a DUI if my Tesla is in Autopilot?” I mean, if the car is doing the driving, you should be safe, right?
Let’s look at two things here. (1) What is Autopilot Mode and (2) How do current DUI laws address this.
What is Tesla’s Autopilot?
According to Tesla:
Autopilot advanced safety and convenience features are designed to assist you with the most burdensome parts of driving. Autopilot introduces new features and improves existing functionality to make your Tesla safer and more capable over time.
Autopilot enables your car to steer, accelerate and brake automatically within its lane.
Current Autopilot features require active driver supervision and do not make the vehicle autonomous.
The Society of Automotive Engineers International (SAE) classifies automobiles into six levels of automation.
| SAE Level | Name | Definition |
|
0 |
No Automation | Full-time performance by the human driver of all aspects of driving. |
|
1 |
Driver Assistance | There are some features available to help the driver such as lane departure alerts and adaptive cruise control. |
|
2 |
Partial Automation | The vehicle has automated features for steering, acceleration and braking. |
|
3 |
Conditional Automation | Automated driving but there is an expectation of the driver intervening in certain circumstances. |
|
4 |
High Automation | Automated driving and even if the driver does not respond, the vehicle can pull over safely. |
|
5 |
Full Automation | The vehicle can manage all conditions that could be handled by a human driver. |
According to SAE, Tesla’s Autopilot is level 2 as it requires a human driver to intervene under certain conditions.
How does PA DUI Law deal with this?
Now let’s look at the law in PA. Section 3802 of the Driving and Vehicle Code reads:
(a) General impairment.–
(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
Under this language, and the autopilot being level 2, the person in the Tesla would still be considered to be driving and operating the vehicle. So yes, you can be charged with a DUI if you are intoxicated and in control of a Tesla on Autopilot.
Is there any way around this?
If you were charged with a DUI in a Tesla while Autopilot was engaged, you may have a really good case- in the hands of the right attorney. If I was handling a case like this, my first question would be why the cop pulled you over in the first place. If Autopilot was on, there would not be signs of unsafe driving. This is why you should consult with an experienced attorney who can look at the facts of the case and devise a strategy to challenge and win your case.
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