I’ve been asked, “Can I get a DUI in a self-driving car?” Surprisingly, the answer is yes. How could this be? First, you need to take a look at Florida Statute 316.193. This statute states that a person must drive or be in actual physical control of a vehicle under the influence of alcohol or a controlled substance.
What is actual physical Control?
It’s defined in the statute as that the defendant must be in physical control or have the capability to operate the vehicle regardless if they are operating it. You could be in a self-driving car and as long as you have the ability to operate that vehicle, you can still be charged with a DUI.
So what If I don’t have a self driving car?
Even if you’re not in a self-driving car and you have a key fob in your pocket that has the ability to start or stop that vehicle, you could be guilty of DUI! Being asleep with the keys in your hand can lead to a DUI arrest.