As self-driving technology continues to evolve in electric vehicles, drivers have less responsibility when operating their cars. Autopiloted vehicles can drive, stop at stoplights, and even parallel park with little to no effort on the driver’s part.
This has raised questions about drivers’ duties and liability when driving an electric vehicle on autopilot. One frequently asked question is if drivers can get a DUI or DWI if they are behind the wheel of a self-driving car.
As explained in more detail below, we have not yet reached the point where we can escape all driving responsibility and liability when cars are operating on autopilot. This means that even if your vehicle is on autopilot, it would not be safe to assume that you can’t be convicted of a DUI or DWI in Texas.
If you have been charged with an alcohol offense, Houston DWI attorneys at Vinas & Graham, PLLC, understand the potential consequences of a conviction. Our attorneys represent clients facing all types of criminal charges, including DUI and DWI.
DUI And DWI Defined
DUI and DWI are often used synonymously, but they are separate charges with different consequences. DUI stands for driving under the influence of alcohol, while DWI stands for driving while intoxicated. Only someone under 21 may be charged with DUI when any measurable amount of alcohol is in their system.
A person of any age may be charged with a DWI for operating a vehicle with a blood alcohol concentration (BAC) of .08 or more. DWI is a more serious offense, meaning that the penalties for a DWI conviction are more severe than the penalties for a DUI conviction.
Self-Driving Vehicles
Although totally self-driving vehicles exist today, they aren’t generally available for purchase on the consumer market. Currently, autonomous vehicles sold to consumers require a driver in the driver’s seat, even when the car is on autopilot.
Recent safety studies indicate that no one knows how safe autopilot technology is. Drivers are expected to be awake and alert while their electric vehicles are on autopilot so they can take control of the car in an emergency.
Presumably, prosecutors in Texas would argue that if drivers are required to be awake and ready to take over the driving duties in an emergency, drivers must also be sober to operate the vehicle.
DUI And DWI In Autopiloted Vehicles
As the number of self-driving vehicles on the road increases and autonomous driving technology continues to evolve, more autopilot defenses will likely be raised to DUI and DWI charges.
Currently, autonomous vehicles are legal in Texas, but the autopilot defense to a DUI or DWI charge is not clearly established. However, if you are facing charges, you might have other legitimate defenses available, depending on the facts and circumstances of your case.
Other Defenses To Alcohol Charges
If you have been charged with a DUI or DWI in Texas, you should not assume that you will be convicted of the charges. A Houston criminal defense attorney can help by reviewing your case, examining the prosecutor’s evidence against you, and helping you defend your case.
Potential defenses to alcohol violations include the following:
Illegal traffic stop – Law enforcement officers must have reasonable suspicion to conduct a traffic stop. If they pulled you over without reasonable suspicion, any evidence gathered due to the illegal stop may be thrown out.
Lack of probable cause – Police must have probable cause to administer field sobriety and BAC tests. If there was no probable cause, you may ask the judge to dismiss the illegally obtained evidence against you.
Mishandling of the prosecutor’s evidence – If breaches in the chain of custody, contamination, or other mishandling of evidence occurred, the charges against you may be reduced or dismissed.
Failure to read your Miranda warnings – Miranda warnings are meant to inform you of your rights. If law enforcement officers failed to read you your rights when you were in police custody, any admissions you made to the police might be excluded at trial.
Contact A Texas DUI And DWI Defense Attorney
If you are facing DUI or DWI charges, contact a Houston criminal defense attorney at Vinas & Graham, PLLC, at 713-229-9992 or online to schedule a consultation. We are committed to providing clients with high-quality, personalized legal services.
Our attorneys have decades of experience handling DUI, DWI, and other types of criminal cases in Texas. We understand the legal consequences you are facing and will work as a team to help you secure the best possible outcome in your case.
Follow us on Facebook to learn more about our attorneys and the legal services we provide.
