DUI Charges in Florida When Your Vehicle Was in Autopilot Mode

Self-Driving Technology Does Not Eliminate Criminal Liability, But It Can Be a Strong Defense With the Right Legal Strategy

If you're facing DUI charges in Florida and your car was in autopilot or using a self-driving system, you’re not alone. As vehicles evolve, so do the legal questions that come with them. I’ve defended clients accused of driving under the influence while riding in Teslas, GM Super Cruise-enabled cars, and other advanced vehicles that claim to take the wheel. But no matter how sophisticated the technology, Florida law still requires a driver to be in control of the vehicle, and the law hasn’t caught up to the machines. That creates serious legal gray areas—ones that I’ve fought and won.

Let me walk you through what you're really facing, what defenses can work, and why hiring a private attorney right away can be the most important decision you make after an arrest.

How Florida DUI Law Applies to Self-Driving and Autopilot Vehicles

Under Florida Statute § 316.193, a person can be convicted of DUI if they are in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired, or if they have a blood-alcohol level of 0.08 or higher.

Statute Text (Fla. Stat. § 316.193): “A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and is under the influence of alcoholic beverages or any chemical substance... to the extent that the person’s normal faculties are impaired.”

This definition is broad. It includes not just driving, but also being “in actual physical control,” which can apply even if your hands aren't on the wheel or your car is stopped at a light.

If your vehicle is in autopilot mode, Florida law still considers you to be in control. That said, there’s a significant difference between sitting behind the wheel asleep and remaining awake while the car does most of the driving. If your car was steering, braking, and navigating on its own, we can argue that you were not in active control, especially if the system failed or engaged without your command.

This is where a private DUI attorney becomes crucial. Public defenders often lack the time or resources to understand the intricacies of automated vehicle systems, let alone hire technical experts. When you hire my firm, we review system data, vehicle logs, GPS records, and all digital evidence to prove that you were not operating the vehicle in a way that justifies a DUI conviction.

Why Autopilot Technology Creates Legal Uncertainty

Many people think that if their vehicle is doing the driving, they can't be arrested. But law enforcement doesn’t view it that way. If you’re sitting in the driver’s seat and the engine is running, officers often assume you’re in control, even if your car is driving itself.

The state is still figuring out how to apply traditional DUI laws to technology that’s anything but traditional. Manufacturers like Tesla warn drivers that autopilot is not fully autonomous and requires supervision. But if the system was on and operating as designed, and you were not actively driving, it could support a defense that you were not in control of the vehicle in the way the statute requires.

The Florida courts have not issued many rulings on these kinds of cases, so there is no universal answer. That’s what makes building a personalized defense so important. A public defender may give you a standard approach. I give you a strategy built on how your vehicle was actually operating, and I bring in experts who can explain to the court how self-driving systems work and where responsibility truly lies.

Real Case Example: DUI Dismissed When Tesla Was in Autopilot Mode

One of the most important cases I’ve handled involved a client charged with DUI after falling asleep in his Tesla Model 3 while the vehicle was in full self-driving beta mode. He had been out for dinner in Fort Lauderdale and had a few drinks, but he activated the car’s auto-navigate feature and began the 12-mile drive home.

An off-duty officer noticed the car driving erratically on I-95 and called it in. By the time troopers arrived, the car was stopped on the shoulder, and my client was asleep behind the wheel. The car had pulled over automatically due to driver inactivity.

Troopers arrested him and charged him with DUI. The breath test showed a BAC of 0.10. It looked like an easy conviction for the state—until we dug deeper.

We obtained the vehicle’s log data through subpoena and reviewed Tesla’s documentation on full self-driving behavior. Our expert confirmed the car navigated correctly for over 11 miles and performed a safety stop. We also showed the client had not touched the steering wheel for several miles, triggering the system’s emergency pull-over. We argued he was not in actual control and the car’s behavior demonstrated that he relied on technology in a way the law doesn’t yet address.

The court agreed there was insufficient evidence of actual control under these facts. The charges were dropped. That win wouldn’t have happened without early intervention, deep technical analysis, and a strong legal team.

What Defenses Can Be Raised in Autopilot DUI Cases?

Every DUI case involving self-driving vehicles must be examined with precision. No two scenarios are the same. But there are several defenses I’ve used effectively:

Lack of Actual Physical Control
If you weren’t operating the car in a traditional sense—if it was navigating on its own—then the state must prove you retained control. This is a key area where we use expert testimony and data logs to show the vehicle, not you, was in command.

Voluntary Inactivation of the Driver
If the system misinterpreted conditions or failed to alert you properly, and you relied on it in good faith, it may support a defense that you didn’t intend to operate the vehicle under the influence.

Vehicle Stopped in a Safe Location
If your vehicle was safely stopped, not in motion, and the engine was running solely for climate control or power, the argument for “physical control” becomes weaker, especially when self-driving systems can initiate stops on their own.

Lack of Probable Cause for Arrest
Sometimes, the officer arrests based on an assumption that you were driving, without real evidence. If we show that the car was on autopilot and no one witnessed you driving, we can challenge the arrest itself.

These defenses don’t apply to every case, but they do apply to many. And they require aggressive investigation. As your private attorney, I don’t just look at the police report. I examine vehicle logs, system alerts, and surveillance footage. I speak with witnesses and hire specialists. Public counsel usually doesn’t have the bandwidth for that level of attention.

Florida’s Approach to DUI and Automation Is Still Evolving

Florida doesn’t yet have a separate statute for DUIs involving autonomous vehicles. That puts defendants in a precarious position. The law assumes someone is operating the vehicle because they’re in the driver’s seat. But automation changes that assumption.

Florida is also a state that values public safety and doesn’t hesitate to suspend licenses or impose harsh sentences. First-time DUI convictions can carry up to 6 months in jail and a 1-year license suspension. If injury or property damage is involved, the charge can be elevated to a felony under § 316.193(3), and you could be facing years in prison.

The stakes are too high to take chances with your defense. Prosecutors want convictions, not understanding. If you're charged, you need someone who can make the court understand how your vehicle actually works—and why the law doesn’t fit the facts.

Why Hiring a Private Attorney Is the Smartest Move You Can Make

Technology moves fast. The law moves slow. That gap is where my clients often find themselves after an arrest involving autopilot or self-driving features. Police officers rarely understand how advanced vehicles work. Prosecutors follow routine procedures. It takes legal and technical knowledge to challenge those assumptions.

I’ve built defenses that rely on vehicle data, industry standards, and advanced automotive behavior. I’ve shown judges and juries how autopilot systems respond to road conditions, how driver intervention is prompted, and how vehicles behave without human input.

That kind of defense takes time, effort, and resources. It takes a private team with focus. It takes the kind of representation I provide every single day.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

DUI Defense Frequently Asked Questions (FAQs)

Can I get a DUI in Florida if my car was driving itself?
Yes, Florida law allows a DUI conviction even if you weren’t actively steering, as long as you were in actual physical control of the vehicle. However, if your car was operating autonomously and you were not interacting with the controls, that fact may support a defense. Each case is fact-specific and should be reviewed immediately.

Is sleeping in a self-driving car illegal in Florida?
If you’re under the influence and in the driver’s seat while the vehicle is in motion or the engine is on, you can be arrested. Even if your car is in autopilot mode, the law can still hold you responsible. That said, we’ve successfully argued that sleeping in a vehicle under autonomous control is not the same as traditional DUI operation.

How do you prove the car was in autopilot mode?
Modern self-driving vehicles generate log data, GPS records, and diagnostic reports. We subpoena or request that data and use it as part of our defense. Many systems track how often the driver interacts with the controls, which can help show lack of actual operation.

Will the judge understand how self-driving works?
Not always. That’s why we bring in automotive experts and system engineers who can explain how autopilot, adaptive cruise control, and autonomous navigation function. A strong private attorney team knows how to translate complex tech into clear arguments.

Do DUI penalties change if the car is driving itself?
The penalties don’t change just because a vehicle has advanced features. However, if we can show that you weren’t in control, we can seek dismissal or reduction of the charges. If convicted, the penalties include fines, jail time, license suspension, and DUI school.

What are the risks of using a public defender in a DUI-autopilot case?
Public defenders are often overwhelmed and may not have time to study vehicle data or consult with technical experts. These cases require intensive review and aggressive defense strategies that private attorneys are better equipped to handle.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.