Can I Get a DUI in a Self-Driving Car?

With the progression of self-driving technology, many are tempted to consume alcohol and rely on autonomous vehicles to get them home safely. However, operating a self-driving vehicle while under the influence of drugs or alcohol is a crime. While there are no fully autonomous self-driving vehicles on the market, those like Teslas can assist people with various driving functions. Nevertheless, these vehicles still need a human operator to remain alert and in control of the vehicle. Please continue reading to learn more about these matters and why connecting with our trusted Bergen County DUI Attorneys is in your best interest when facing DUI charges in New Jersey. 

What is Considered a Self-Driving Car?

First, it’s important to understand that most cars on the road today have self-driving features that make the operator’s job easier and safer. As such, the National Highway Traffic Safety Administration (NHTSA) has established six levels of automation:

  • Level 0-2: Little to no self-driving technology.
  • Level 2: The vehicle provides continuous assistance with acceleration, braking, and steering. However, the driver has to stay fully engaged and attentive for safe operation. It’s important to note that most vehicles are equipped with level 2 automation.
  • Level 3: The vehicle can do most of the driving on its own but still requires a human operator to be attentive.
  • Level 4: The vehicle operates with no human assistance but only in a limited service area.
  • Level 5: The vehicle is fully automatic and can operate anywhere under any conditions without a human driver.

Essentially, those in level 4 and 5 vehicles are simply passengers as they don’t need to do anything. However, there are no level 4 or 5 vehicles currently available to the public.

Can You Get a DUI in a Self-Driving Car?

With the different types of self-driving cars in mind, the vehicles on the market today all require a human operator. Since the operator must remain in control, they can be convicted of a DUI if they are under the influence of drugs or alcohol. If they are impaired, they can’t safely monitor the vehicle as it drivers.

It’s important to understand that in New Jersey, you don’t have to be driving to get a DUI. To be charged, you must have been operating or in actual physical control of the vehicle. For instance, just being intoxicated in a parked vehicle with the engine turned on is typically sufficient for a DUI.

A DUI conviction can have far-reaching and long-lasting ramifications. If you are facing DUI charges in New Jersey, please don’t hesitate to contact The Law Office of Carl Spector. Our legal team is prepared to effectively represent your interests and fight to protect your future.