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Technology may be breaking barriers, but that doesn't mean drivers should be breaking laws. A San Francisco Bay Area driver, charged with driving under the influence after being found asleep behind the wheel on the Bay Bridge last week, apparently claimed that his Tesla was on autopilot when confronted by the California Highway Patrol.
That might be a new one, but it wasn't a successful one. As the C.H.P. noted on Twitter afterward, "no it didn't drive itself to the tow yard."
When telling it to the judge, context matters. According to the C.H.P., the suspect was two-times above California's Blood Alcohol Concentration (BAC) limit at the time. That's not close, just like Oakland and San Francisco really aren't that close when trying to sneak your car home after a night out either. And that's wandering into the range for an Aggravated DUI for that matter, though we haven't seen the exact test results yet.
Tesla has yet to confirm if the autopilot feature was used here, but it likely won't matter. According to Fortune, 'Tesla's autopilot is not fully autonomous driving' as the 'autopilot system is [merely] designed to get a driver's attention if it detects a challenging situation.' Which can be a nice feature to have, but isn't quite at a 'drive me home, Tesla' level of technology yet. It should still count as 'driving' under California DUI law as well.
Someday there will be a case asking what constitutes "driving" when a truly self-driving car is involved in a DUI. California is shaping up to be a likely test state for answering that question. But until then, a better defense might be a good attorney.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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