Can You Get a DUI Using Autopilot or Driver Assist Features?
Technology is changing how we drive. Features like Tesla Autopilot, lane assist, adaptive cruise control, and semi-autonomous driving modes are becoming more common on San Diego roads every year.
But here’s the question more drivers are quietly asking; if your car is driving itself, can you still get arrested for DUI?
The short answer is yes, and many drivers are shocked to learn how aggressively California law still treats these cases.
If you use driver-assist features, or own a vehicle with advanced automation, this is something you need to understand before you ever find yourself in the back of a patrol car.
Why “Autopilot” Does NOT Mean You’re Legally Off the Hook
Despite the marketing language, there is currently no vehicle on the road that is considered legally autonomous under California DUI law.
That means:
- You are still considered the driver
- You are still responsible for controlling the vehicle
- You can still be arrested if you are impaired
- You can still be convicted of DUI even if the car was doing most of the driving
California law focuses on whether you were in “actual physical control” of the vehicle, not whether your hands were on the wheel every second.
If you’re sitting in the driver’s seat, with the ability to take control, police and prosecutors will almost always argue that you were driving.
How Police Handle DUI Stops Involving Autopilot
Officers in San Diego are increasingly trained to deal with vehicles that have driver-assist technology. If they suspect impairment, they will focus on things like:
- Who was seated in the driver’s seat
- Whether the vehicle was in motion
- Whether your hands were accessible to the controls
- Whether you could have taken over at any moment
- Whether the vehicle required driver attention (which most systems do)
- Your statements about using Autopilot or driver assist
Many people unintentionally hurt their case by telling officers things like “the car was driving, not me” or “I didn’t think it mattered because Autopilot was on,” and those statements can end up being used as evidence against them.
Real-World Example Scenarios We’re Starting to See
These types of cases are becoming more common in San Diego County. Here are some specific examples that occurred recently in nearby:
- A driver activates Tesla Autopilot on the freeway after drinking and believes they’re being responsible. They’re still stopped by CHP after drifting within lanes.
- A person pulls over on the shoulder but leaves the car running with driver-assist active. Officers argue they were still in control.
- A driver is found asleep in the driver’s seat while the vehicle is in Drive, even if the car is barely moving.
- A person uses lane assist and adaptive cruise control while impaired and believes that reduces their liability.
From a legal standpoint, none of these scenarios automatically protect you from a DUI charge.
What the Law Actually Cares About
Courts don’t focus on branding terms like “Autopilot.” They focus on legal concepts like:
- Control of the vehicle
- Ability to operate the vehicle
- Risk to public safety
- Whether the person could intervene
- Whether the car required driver supervision (almost all do)
Even Tesla’s own warnings state that drivers must remain alert and ready to take control at all times and prosecutors regularly use that language against defendants.
Until fully autonomous vehicles are legally recognized, and California rewrites DUI statutes, driver-assist features offer no immunity from DUI charges.
Can This Type of DUI Case Be Defended?
Yes, but it requires a more sophisticated legal strategy. Cases involving Autopilot or driver-assist technology often raise defense opportunities that simply don’t exist in traditional DUI matters.
For example, a strong defense may focus on whether the person was actually “driving,” involve a careful review of vehicle data logs and system engagement, or challenge whether the officer truly understood how the technology functions. It can also include arguments that the vehicle, not the driver, was controlling movement, close scrutiny of whether the traffic stop itself was legally justified, and the use of manufacturer data to challenge probable cause.
These are not strategies most general criminal attorneys are equipped to handle; they require technical understanding and a defense attorney who stays ahead of emerging DUI trends.
Why These Cases Are Only Going to Increase
San Diego is a hotspot for:
- Tesla ownership
- High-end EV adoption
- Tech-forward drivers
- Autonomous feature usage
- Rideshare and commuter-heavy traffic
As vehicles become more advanced, DUI law is struggling to keep up. But make no mistake, the system is not giving drivers the benefit of the doubt. If anything, prosecutors are becoming more aggressive in pushing the idea that technology makes impaired driving even more dangerous.
This makes early legal guidance critical.
What To Do If You’re Arrested While Using Autopilot
If this happens, what you do in the first 24–48 hours can make a meaningful difference in your case. It’s best to avoid trying to explain the technology to police on the spot, not to assume the officer fully understands how your system works, and not to expect the court to be sympathetic simply because “the car was driving.”
Instead, focus on:
- Preserving any vehicle data
- Avoiding self-incriminating statements
- Getting legal guidance early
- Protecting your license through the DMV process
- Ensuring evidence is not misinterpreted
These cases can fall apart when properly challenged, but only if handled correctly from the start.
How Rick Mueller Approaches Emerging DUI Technology Cases
Rick Mueller stays ahead of evolving DUI enforcement issues in San Diego, including cases involving advanced vehicle technology, driver-assist systems, and complex evidentiary questions.
When cases involve Autopilot or driver-assist features, his approach often includes:
- Identifying whether prosecutors can actually prove “driving”
- Analyzing officer assumptions versus technical reality
- Challenging probable cause based on misunderstanding of vehicle systems
- Scrutinizing how evidence was collected and interpreted
- Building defenses that reflect how modern vehicles actually function
As DUI law intersects more with technology, having a defense attorney who understands both becomes increasingly important.
Final Thought
Driver-assist technology may feel futuristic, but DUI law is still grounded in old definitions of control and responsibility.
Until the law catches up, you can absolutely be arrested and prosecuted for DUI even if your vehicle’s advanced features were engaged.
If you’ve been arrested under these circumstances in San Diego, you’re facing a type of case that demands careful, strategic legal handling, not assumptions.
Rick Mueller has built his practice on navigating complex DUI cases and defending clients in situations where the law and technology collide.
Can You Get a DUI Using Autopilot or Driver Assist Features?