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If you were driving an autonomous car in South Florida, you may be shocked to be stopped by the police and arrested for self-driving DUI. Can you be convicted of DUI if you weren’t even driving?
As autonomous vehicles blur the lines of who or what is in control behind the wheel, Florida's DUI laws are stuck in the slow lane. With courts still untangling questions of actual physical control and probable cause in self-driving scenarios, you need our experienced South Florida DUI defense lawyers at the Law Offices of Robert David Malove. Our skilled legal team understands the interplay between this new technology and our state’s DUI laws and the tactics needed to protect your rights.
What Counts as a Self-Driving DUI?
Under Florida Statute § 316.193, it is illegal to operate any vehicle while impaired by drugs or alcohol. However, Florida law defines DUI based on a person being in "actual physical control" of a vehicle while under the influence. But what does that mean when you’re behind the wheel and an autonomous vehicle is doing the driving?
Case law has not kept pace with the development of autonomous driving capabilities, leaving major gray areas. However, you would be considered in control of your car if it were in autopilot or if you were stopped at a stoplight in our state. Key factors in determining whether you were in control of a car in general include:
- Whether you were in the driver’s seat
- Whether the car’s engine was running
- Where the keys were located
- Whether you had been sleeping
- Whether the vehicle was moving or parked on the side of the road
There are more unresolved issues when you are charged with a self-driving DUI. Here are a few of them:
- Intent to drive. If you never touched the steering wheel, can the state prove you intended to take control?
- Awareness of impairment. Does getting in the car with the expectation that it will drive itself negate the intent element of DUI?
- Response to vehicle cues. If the car misinterprets conditions or fails to alert you as the driver correctly, are you still liable?
What Self-Driving DUI Defenses Can You Use to Fight the Charges?
While lawmakers deliberate, your freedom is on the line now. Even if this is your first DUI, you face harsh penalties. Fortunately, you could have strong defenses to the charges you face, even if you think you are guilty.
Depending on your situation, our knowledgeable DUI defense lawyers may be able to raise many common DUI defenses to defend you. Here are some additional specific defense strategies that can combat self-driving DUI charges in Florida:
- Lack of actual physical control. If you weren't actively operating the vehicle and it was navigating autonomously, the burden is on the state to prove you retained control. Experts and data logs showing the car, not you, was in command can be game-changers.
- Driver inactivation was involuntary. System misinterpretation, faulty alerts, or good-faith reliance on autonomous features can all support arguments that you didn't intend to abdicate control.
- Vehicle was safely stopped. If your car was stationary, not in motion, with the engine on only for ancillary functions, the case for "physical control" deteriorates. This is especially true when self-driving systems can initiate stops independently.
Your Constitutional Rights Still Apply in Self-Driving DUI Arrests
Even in uncharted legal territory, your foundational constitutional rights remain constant. If the police violate your rights, which they sadly often do during DUI arrests, this could give us additional defenses to use to fight your self-driving DUI charges. For example, our DUI defense attorneys may be able to file a pre-trial motion to suppress key evidence being used against you if it was obtained while your constitutional rights were being violated. This could significantly weaken the prosecutor’s case against you.
Common ways your constitutional rights may have been violated include:
- No probable cause for arrest. Officers sometimes arrest based on knee-jerk assumptions of impairment without evidence of who or what was driving. Challenging the basis for arrest altogether can be a solid defense that could result in the charges being dismissed or reduced to a lesser offense through a plea bargain.
- Unreasonable search and seizure. Warrantless searches of your car's electronic data or other property without probable cause or consent can be challenged.
- Inadmissible statements. If you were arrested without being read your Miranda rights, any incriminating statements you made could be suppressed.
- Right to legal counsel. You're entitled to have an attorney present during any questioning and to halt interrogation until your lawyer arrives.
You Need an Experienced Advocate If You’re Facing Self-Driving DUI Charges
Self-driving technology may be novel, but your freedom is not negotiable. If you're facing self-driving DUI charges, you need a South Florida DUI defense lawyer who will mount an aggressive defense strategy for you. At the Law Offices of Robert David Malove, we're fluent in the emerging language of self-driving DUIs. We know how to parse the data, pinpoint the defenses, and fiercely fight for the best possible outcome in your DUI case.
