Driving Autonomous Vehicles Under the Influence: What You Need to Know

In the future, chances are good that many of us will use an autonomous vehicle. However, today’s reality is something of a mixed bag. True autonomous driving isn’t available yet, but some cars get pretty close (Tesla, for instance). Even some driver convenience features (think adaptive cruise control or lane assistance) rely on automation that takes some control away from drivers.

Learning to live with this mix of technologies is hard. And it’s not just drivers who need to adjust. As cars get smarter and more automated, the law is struggling to keep up. Self-driving technology promises safer roads and fewer crashes, but that doesn’t mean you can sit back, crack open a beer, and let your Tesla take the wheel.

If you’re thinking you can’t get a DUI because your car is in autopilot mode, think again. In Maryland and most of the US, the law still holds you (the human in the driver’s seat) responsible, even when the vehicle is doing most of the work.

So, what happens if you’re caught driving under the influence in an autonomous vehicle? Are DUI laws changing? What counts as “driving” when you’re not physically touching the steering wheel?

Let’s break down what we know so far and what it means for you.

What’s the law in Maryland right now?

Maryland’s DUI and DWI laws are based on control, not just physical movement. According to Maryland Transportation Code § 21-902:

• (a)(1)(i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
• (ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

The key phrase here is “attempt to drive.” You don’t have to be speeding down the highway to get arrested. If you’re in the driver’s seat with the car turned on (even if it’s parked), you could still be charged with DUI or DWI.

This means if you’re sitting behind the wheel of a self-driving car, intoxicated, and the vehicle is turned on and in motion (even if you’re not touching anything), you’re likely considered legally in control.

What counts as an autonomous vehicle?

Right now, most “self-driving” cars on the road aren’t truly fully autonomous. The Society of Automotive Engineers (SAE) classifies driving automation into six levels (0 to 5):

• Level 0: No automation (you’re in full control).
• Level 1–2: Driver assistance (like adaptive cruise control, lane keeping). You still need to supervise at all times.
• Level 3: Conditional automation. The car can drive itself under certain conditions, but you must be ready to take over.
• Level 4: High automation. The vehicle can handle all driving tasks in specific areas. Human backup isn’t always required.
• Level 5: Full automation. No steering wheel needed. The car does it all, everywhere.

Most consumer vehicles today, like Tesla’s Autopilot or GM’s Super Cruise, are Level 2 or Level 3 at best. That means you’re still responsible for operating the car, even when using today’s most advanced self-driving features.

Can you get a DUI in a self-driving car?

Yes. Until laws change, you can absolutely be charged with DUI in an autonomous vehicle in Maryland and just about everywhere else.

Even if:

• The car is in autopilot
• You’re not actively steering
• You’re only “monitoring” the vehicle
• You thought you were being responsible by not fully driving

As long as you’re in the driver’s seat and the vehicle is operational, you’re likely considered in control under Maryland law. That puts you squarely within reach of a DUI arrest.

What if you’re in the passenger seat?

This is where things might get a little murky, especially as higher-level automation becomes more common.

Let’s say you’re in a Level 4 or Level 5 autonomous vehicle (not currently available), like a future robotaxi, and you’re not in the driver’s seat at all. The car doesn’t need your help, and there may not even be a steering wheel.

In that case, you may not be considered “driving” under the law, and a DUI charge might not apply. But as of now, Maryland law hasn’t caught up to this kind of scenario, since it doesn’t really exist. Most cases still assume someone is in charge, even if the car’s systems are doing the work. Remember, even the most advanced systems today aren’t truly autonomous.

Until the laws change, it’s safest to assume that you’re still responsible if you’re behind the wheel, regardless of what your car can do.

How police view self-driving DUIs

Let’s say you get pulled over in Maryland while your car is in self-driving mode and you’re impaired. The officer isn’t going to be impressed by your explanation that the car was handling things. Here’s what typically happens:

Field sobriety tests and breathalyzer

The officer will still ask you to perform sobriety tests or take a breathalyzer. If you’re over the legal limit (0.08% BAC), that’s enough to arrest you, even if the car was in autopilot.

Probable cause based on control

If you’re in the driver’s seat and the car is operational, the officer has probable cause to treat the situation like any other DUI.

Additional charges

If the vehicle was involved in an accident or traffic violation while in autopilot, you could face additional charges, like reckless endangerment or negligent driving.

What about legal defenses?

There may be some legal gray areas, especially as more cars get smarter, but for now, the responsibility still lies with the human behind the wheel.

However, a good defense attorney might explore options like:

• Challenging probable cause (Was the stop legal?)
• Arguing lack of control (Were you truly in charge of the vehicle?)
• Questioning the accuracy of the breathalyzer or field test
• Using emerging tech law arguments (especially in borderline automation cases)

But let’s be clear: just being in a “self-driving” car doesn’t protect you from DUI charges.

What should you do if you’re charged?

If you’ve been arrested for DUI in an autonomous or partially autonomous vehicle, here’s what you should do right away:

• Don’t make statements to police without an attorney. Explaining that the car was in autopilot won’t help and could actually hurt your case.
• Hire an experienced DUI defense lawyer. This isn’t a typical DUI case. You’ll need someone who understands both Maryland DUI laws and the evolving landscape of self-driving technology.
• Save any data from the car. Some vehicles record driving history, autopilot engagement, and user input.
• Avoid talking about the case on social media. Anything you post could be used against you later.

The future of DUI law and autonomous vehicles

As autonomous vehicles become more common, laws will have to evolve. We’re likely to see:

• Clearer definitions of “driving” and “control”
• Updates to DUI statutes to address automation levels
• Possible exemptions for riders in fully autonomous robotaxis
• Increased use of vehicle data in criminal cases

But for now, Maryland’s laws still treat you, the person in the driver’s seat, as responsible, even if your car is technically “doing the driving.”

The bottom line: Don’t risk it

Self-driving technology is exciting, but it’s not a legal free pass. If you’re impaired, don’t rely on your car to keep you out of trouble.

Until the law changes (and that could be years away), you can be charged with DUI even if your car is driving itself. The safest choice is still the oldest one: if you’ve been drinking or using drugs, don’t get behind the wheel.

At Carey Law Office, LLC, we understand how fast the law is changing and how confusing things can get when technology enters the picture. If you’ve been arrested for DUI under any circumstances, we’re here to help you fight the charges, protect your record, and move forward. Contact us today for a confidential consultation.