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DUI charges

Is ‘Autopilot’ a Defense to a Drunk Driving Charge?

Technology may be breaking barriers, but that doesn't mean drivers should be breaking laws. A San Francisco Bay Area driver, charged with driving under the influence after being found asleep behind the wheel on the Bay Bridge last week, apparently claimed that his Tesla was on autopilot when confronted by the California Highway Patrol. That might be a new one, but it wasn't a successful one. As the C.H.P. noted on Twitter afterward, "no it didn't drive itself to the tow yard." The Drunk Part Really Hurts His Drunk Driving Defense When telling it to the judge, context matters. According to the C.H.P., the suspect was two-times above California's Blood Alcohol Concentration (BAC) limit at the time. That's not close, just like Oakland and San Francisco really aren't that close when trying to sneak your car home after a night out either. And that's wandering into the range for an Aggravated DUI for that matter, though we haven't seen the exact test results yet. Let's Put "Autopilot" in Quotes Here Tesla has yet to confirm if the autopilot feature was used here, but it likely won't matter. According to Fortune, 'Tesla's autopilot is not fully autonomous driving' as the 'autopilot system is [merely] designed to get a driver's attention if it detects a challenging situation.' Which can be a nice feature to have, but isn't quite at a 'drive me home, Tesla' level of technology yet. It should still count as 'driving' under California DUI law as well. Autonomous Driving and the Law Someday there will be a case asking what constitutes "driving" when a truly self-driving car is involved in a DUI. California is shaping up to be a likely test state for answering that question. But until then, a better defense might be a good attorney.Related Resources: Find DUI/DWI Lawyers Near You (FindLaw's Lawyer Directory) Does Autopilot Absolve One Who Drives Drunk or Has an Accident? (ABA Journal) Can You Get a DUI in a Self-Driving Car? (FindLaw's Blotter) DUI Law (FindLaw's Learn About the Law)
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DUI Checkpoints on Halloween: Laws to Remember

Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each week for more information. Want to hear something truly scary? You had a few drinks, are on your way home, and there are police lights on the road up ahead. Do you look too drunk to drive? What's your blood alcohol content? Are you going to jail tonight? DUI checkpoints can be a frightening experience. With 55 deaths last Halloween in drunk driving accidents, and promises of more DUI checkpoints this season, the prospect of a DUI is even more horrifying. So make sure you remember these laws if you run into a DUI checkpoint this Halloween. Know What to Expect According to Ralph Waldo Emerson, "Knowledge is the antidote of fear." And knowing what happens at a DUI checkpoint can assuage your fear of them. You should know that most DUI checkpoints are legal, and officers are allowed to stop your car and request license, insurance, and registration information.Based on your interaction, they may ask you to perform field sobriety tests or submit to a breathalyzer or drug swab. So the stop will resemble a normal DUI stop, only officers don't need a good reason to pull you over -- they just need a neutral formula for stopping motorists. Know What to Do No, it's not illegal to turn around before a DUI checkpoint. However, the police may still stop you for other reasons. If they see you driving erratically, making an illegal turn, or otherwise violating traffic laws you can still get pulled over. Once a drunk-driving investigation is started, it will be similar to any other, so make sure you follow some handy tips for DUI checkpoints. Know What Not to Do Sometimes, knowing what not to do at a DUI checkpoint is better than knowing what to do. Obviously, you don't want to drink and drive, but if you're reading this post, we're guessing that's not an option. You should also avoid driving or acting erratically, being disrespectful of police, and having lose bottles of alcohol rolling around in your car. Oh, and not having a gun in your lap can help as well. If you've been spooked by a DUI charge this Halloween, contact a local DUI attorney today. Related Resources: Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury) Halloween DUI Checkpoints Should Scare Adults (KPCC) Halloween 101: Halloween DUI Checkpoints Planned (FindLaw Blotter) Can You Turn Around at a DUI Checkpoint? (FindLaw Blotter)
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