Can You Get a DWI in a Self-Driving Car in Texas?
Self-driving cars are becoming increasingly popular as technology continues to advance, making them a common sight on Texas roads. However, as these vehicles navigate the streets, they raise complex questions about how existing laws apply, especially in cases involving alcohol or drug impairment.
One critical question many Texas residents are asking is: Can you be arrested for Driving While Intoxicated (DWI) if you’re in a self-driving car? This blog post aims to clarify this issue by examining Texas law, exploring real-life scenarios, and analyzing legal precedents.
What is DWI Under Texas Law?
To understand how DWI laws might apply to self-driving cars, let’s first look at how Texas defines DWI. In Texas, Driving While Intoxicated (DWI) is governed by the Texas Penal Code § 49.04, which states that a person commits an offense if they are “intoxicated while operating a motor vehicle in a public place.” Intoxication, according to the law, can be due to alcohol, controlled substances, or any other substance that impairs the driver’s faculties.
Key Components of DWI Law in Texas
- “Operating a Vehicle”: Texas courts interpret “operating” broadly, meaning that if you are in control of a vehicle, even if it’s not moving, you could still be considered “operating” it.
- “Public Area”: Texas DWI law applies specifically to vehicles operated in public areas. This includes any public road, parking lot, or other accessible location where the general public may travel.
- “Intoxicated”: Texas defines intoxication as having a blood alcohol concentration (BAC) of 0.08% or more or lacking the normal use of mental or physical faculties due to alcohol, drugs (prescription or otherwise), or any other substance. There’s no per se threshold for drugs; the state only needs to prove impairment.
Texas courts have consistently ruled that physical control over a vehicle is enough to qualify as “operating” under DWI laws. But what does that mean for self-driving cars, where a human might not have full control?
Self-Driving Cars: Levels of Autonomy
Texas law does not yet differentiate between levels of vehicle automation in relation to DWI. However, a driver’s responsibility can depend on the car’s level of autonomy. Self-driving vehicles come in various levels of autonomy, which affect the role of the person inside the car. The Society of Automotive Engineers (SAE) defines these levels from 0 to 5:
- Level 0: No automation (a human driver controls everything).
- Level 1: Driving assistance (adaptive cruise control, for example).
- Level 2: Partial autonomous driving (steering and acceleration are automated, but the driver must remain alert).
- Level 3: Conditional automated driving (the vehicle can manage most functions but may require the driver to intervene).
- Level 4: High automation (the vehicle can drive itself in specific conditions without human intervention).
- Level 5: Full automation (the vehicle can drive itself under all conditions without a human driver).
In Texas, most commercially available vehicles fall within Level 2 or Level 3. For DWI law to apply, understanding who is responsible for “operating” the car at each level is essential.
Texas DWI Laws Applied to Self-Driving Cars
Texas Penal Code § 49.04 doesn’t yet clarify how it applies to driverless cars. However, the broad interpretation of “operation” could still hold drivers responsible, even when a car is in autonomous mode. Texas law typically requires a person to have “physical control” of a vehicle to face DWI charges, but the meaning of “control” can vary.
- Level 1 to 3 Vehicles: These cars still require the driver to pay attention and be ready to take control, so if a driver is intoxicated while using these features, they can be charged with DWI.
- Level 4 and Beyond: For cars with higher automation, like Levels 4 and 5, DWI laws are less clear, especially if the car can drive on its own. Currently, fully autonomous Level 5 cars aren’t available yet, so most DWI cases involve Level 2 or 3 vehicles, where the driver still plays an active role.
Texas law hasn’t yet addressed fully autonomous vehicles, so drivers in semi-autonomous cars still face DWI arrests if they’re in the driver’s seat, whether the car is moving or even parked on public roads.
Can Police Still Arrest You?
Yes, in most cases, Texas courts strictly interpret DWI laws to protect the public from impaired drivers. Since self-driving technology is still developing, drivers can still be charged with DWI even in autonomous or semi-autonomous vehicles. Until Texas lawmakers clarify these laws, drivers should assume they are responsible if they are behind the wheel in any way.
Currently, Texas Penal Code § 49.04 offers no exemptions for drivers in self-driving cars when it comes to DWI charges. The Texas Department of Public Safety (DPS) also reinforces that, regardless of automation, individuals remain responsible for their vehicle’s operation under state law.
Arrested? Don’t Plea, Call Me!
Navigating DWI laws with self-driving technology can be complex and challenging. If you’re facing a DWI charge or have questions about how the law applies to autonomous vehicles, don’t leave your defense to chance. Contact the Texas Criminal Defense Group today for expert legal support—our experienced attorneys are ready to help protect your rights. Reach out for a confidential consultation and start building your defense now.