Though autonomous vehicles were once firmly in the realm of science fiction, they’ve become an increasingly common sight on California’s roads – forcing lawmakers to keep pace with rapidly evolving technology. AB 1777, which took effect July 1, establishes additional rules for autonomous vehicle manufacturers, allowing law enforcement to ticket fleets that do not comply with traffic laws and requiring autonomous car companies to have a human, remote operator.

As these vehicles take to the streets in higher numbers, many people have begun asking whether you can still get a DUI if you’re riding in a driverless car. The answer isn’t always straightforward. While autonomous technology has changed how we travel, it hasn’t eliminated personal responsibility – or the need for experienced legal representation when criminal charges arise.

Can You Be Charged With DUI in a Driverless Vehicle?

Many people assume that if a car is self-driving, anyone inside can safely drink alcohol without worrying about DUI laws. Unfortunately, California law isn’t that straightforward.

You can still face DUI charges depending on several factors, including:

• The level of automation the vehicle provides.
• Whether a licensed driver should still monitor or take control of the vehicle.
• Whether you exercised control over the vehicle before or during the trip.
• The specific facts surrounding the incident.

Many “self-driving” vehicles still require a human driver to remain alert and ready to intervene at any time. You could still face DUI charges if you’re impaired behind the wheel of one of these vehicles.

As autonomous technology continues to evolve, courts will likely continue defining how existing DUI laws apply to new driving systems.

Who’s Responsible When a Driverless Car Breaks the Law?

As of July 1, manufacturers operating fully driverless vehicles must comply with new requirements designed to improve public safety and accountability.

Among other things, autonomous vehicle companies must:

• Maintain a 24-hour emergency response hotline for first responders.
• Equip driverless vehicles with two-way communication that allows emergency personnel to speak directly with a remote human operator.
• Respond quickly when emergency officials instruct autonomous vehicles to avoid or leave hazardous areas.
• Report notices of autonomous vehicle noncompliance to the California DMV.

The law also authorizes police officers to issue notices when an autonomous vehicle violates the California Vehicle Code or applicable local traffic ordinances while operating autonomously.

In many situations, those notices apply to the manufacturer or fleet operator, not necessarily the people riding inside the vehicle. However, that doesn’t make passengers immune from criminal liability. If you commit another offense – such as possessing illegal drugs, assaulting another passenger, vandalizing property, or interfering with law enforcement – you can still experience criminal charges independent of the vehicle’s operation.

What Happens if a Driverless Vehicle Gets in a Crash?

Prosecutors and defense attorneys must adapt to an entirely new landscape as California continues passing laws governing autonomous vehicles. Because these cases blur the line between criminal law, traffic law, and emerging technology, questions that once seemed simple – such as “Who was driving?” or “Who is legally responsible?” – can now require complex legal analysis.

Unlike traditional traffic collisions, these investigations often involve digital records, vehicle telemetry, software logs, surveillance footage, and extensive forensic analysis. Investigators may need to determine whether:

• The autonomous technology was engaged.
• A human driver could or should have intervened.
• The manufacturer complied with California safety regulations.
• Another driver caused the collision.
• Mechanical failure or software malfunction contributed to the crash.

Protect Your Rights in a Changing Legal Landscape

Whether your case involves a traditional DUI, an accident involving autonomous technology, or allegations arising from a ride in a driverless vehicle, never assume the law is clear-cut.

The Law Firm of Salvatore Ciulla stays abreast of changes to California law, and we use our experience to understand how emerging technologies affect criminal investigations. We carefully examine the facts of every case, challenge weak or incomplete evidence, and build strategic defenses tailored to each client’s unique circumstances.

Technology may have changed how Californians travel, but your constitutional rights remain the same. If you’ve been arrested for DUI or charged with a crime involving an autonomous vehicle, contact us today for a confidential consultation. We’ll explain your options, protect your rights, and fight for the best possible outcome.