Yes, you can absolutely get a DUI (Driving Under the Influence) while in a self-driving car, depending on the specific circumstances and your state's laws. The key factor is whether you are considered to be "in actual physical control" of the vehicle, not necessarily whether the car is actively driving itself at that exact moment. If you are in the driver's seat, intoxicated, and have the capability to take over control, you are likely violating DUI statutes.
The legal framework for DUI was established long before autonomous vehicles existed. Most laws define the offense as operating or being in physical control of a vehicle while impaired. "Actual physical control" is a broad term that courts interpret. Even if the car's Level 2 or Level 3 advanced driver-assistance system (ADAS) like Tesla's Autopilot or GM's Super Cruise is engaged, you are still expected to be alert and ready to intervene. If an officer finds you asleep or heavily intoxicated behind the wheel, you can be charged.
The level of automation is critical. With a Level 5 fully autonomous vehicle (which is not yet commercially available), where no human intervention is ever required, the legal situation might change. However, today's systems are not fully autonomous. For example, a 2019 case in Texas involved a man arrested for DWI after being found asleep at the wheel of his Tesla on Autopilot. The charges were ultimately dropped, but it highlights the legal gray area and risk.
| Factor | Why It Matters for a DUI Charge | Example Scenario |
|---|
| Driver's Seat Position | Being in the driver's seat strongly suggests "actual physical control," even if the car is parked. | An intoxicated person sleeping in the driver's seat of a parked car with the engine running can be charged. |
| Key in Ignition / Power On | Having the vehicle powered on is a primary indicator of control. | Sitting in a running car while waiting for a self-driving trip to begin. |
| Level of Automation (SAE Level) | Level 2-3 systems require driver supervision. Level 4-5 may not, but are not yet consumer-ready. | Being drunk and failing to take over from a Level 3 system during a system alert. |
| State-Specific Laws | Laws vary significantly; some states like Arizona have explicitly addressed this in legislation. | Arizona law states a person is not driving if the autonomous system is engaged. |
| Officer's Discretion & Evidence | An officer's observation of impairment and your position in the vehicle forms the initial case. | Slurred speech, bloodshot eyes, and an open container in the car with the ADAS active. |
To protect yourself, the safest approach is to never be in the driver's seat if you are impaired. Use a ridesharing service or ensure you are a passenger in a proper seat if using a future fully autonomous taxi. The technology does not currently provide a legal shield against DUI charges.
