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Tesla Owner Attempts Autopilot Defense During DUI Stop (arstechnica.com)

It turns out driving drunk is still illegal, even with a driver-assistance system active. "On Saturday, January 13, police discovered a man in his Tesla vehicle on the San Francisco-Oakland Bay Bridge," reports Ars Technica. "The San Francisco Chronicle reports that 'the man had apparently passed out in the stopped car while stuck in the flow of busy bridge traffic at 5:30pm, according to the California Highway Patrol." From the report: When police woke the man up, he assured officers that everything was fine because the car was "on autopilot." No one was injured in the incident, and the California Highway Patrol made a snarky tweet about it. Needless to say, other Tesla owners -- and people who own competing systems like Cadillac's Super Cruise -- should not follow this guy's example. No cars on the market right now have fully driverless technology available. Autopilot, Supercruise, and other products are driver assistance products -- they're designed to operate with an attentive human driver as a backup. Driving drunk using one of these systems is just as illegal as driving drunk in a conventional car.

30 of 139 comments (clear)

  1. My fear by CosmeticLobotamy · · Score: 4, Interesting

    My fear is that once cars are fully automated, cops will still claim you need to be sober to operate them, and being near your car with the keys will still be worth $25,000 in fines and legal fees.

    1. Re:My fear by olsmeister · · Score: 2

      Theoretically they should have no reason to pull you over, other than something like a burned out tail light.

    2. Re: My fear by Anonymous Coward · · Score: 2, Insightful

      "The driver looked furtive."

      Also known as driving while Black, Native, Mexican, or Irish.

    3. Re:My fear by Aighearach · · Score: 2

      Nobody cares what the cops think or want or claim. The State Legislature will determine the rule in consultation with the DMV.

    4. Re:My fear by darthsilun · · Score: 2

      Lyft is saying they'll have driverless cars by 2020, IIRC.

      What happens then if I'm passed out drunk in a driverless Lyft?

    5. Re:My fear by Obfuscant · · Score: 2

      What happens then if I'm passed out drunk in a driverless Lyft?

      What happens if you are passed out drunk in the back of a taxi today? Are you in any way considered to be the operator of the vehicle?

    6. Re:My fear by Anonymous Coward · · Score: 2, Interesting

      Theoretically they should have no reason to pull you over, other than something like a burned out tail light.

      In California, the Highway Patrol gets to keep much of the fines that are collected for a DUI, unlike the local sheriffs or city police who do not receive a direct cut of these fines and thus don't seek out the fine as aggressively. In California this means that the Highway Patrol, aka state troopers in other states, are highly motivated to find drunk drivers and write up that violation above all others. Some people might look at that and say, "what's the problem? It discourages drunk driving" and that's true but it also has negative side effects. For example, in a run of the mill accident the first question that the Highway Patrol asks upon arriving at the scene, once it's obvious that nobody is bleeding to death, is "has anyone been drinking"? If nobody is badly hurt and worse, from their standpoint, nobody was drinking then they leave the scene of the accident quick because why waste time taking a report on a no-profit (for them) accident? They could be out chasing another DUI and the $25,000 payday that goes with it. They couldn't care less about your damaged car or who was at fault for damaging your car or your hurt neck. All they care about is getting that DUI payday. At least, that has been my experience living in California for many years now. Without exception every Highway Patrol officer that I have ever dealt with in California has acted like a dick. They have either ignored me when I needed help or treated me like dirt. They are in service to the all mighty dollar, not the people, as far as I can tell.

    7. Re:My fear by PolygamousRanchKid+ · · Score: 2

      What happens then if I'm passed out drunk in a driverless Lyft?

      The Lyft car will be programmed to drop you off at the Soylent Green factory, just outside of town.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  2. the eula will make the renter liability for any cr by Joe_Dragon · · Score: 2

    the eula will make the renter (passenger) liability for any crash even in cars with no controls.

  3. PSA by PCM2 · · Score: 4, Interesting

    Yes, he was passed out and the car wasn't moving. Under California law, that's still drunk driving. A friend of mine had his car conk out just as he left the Bay Bridge. He was able to roll it over to the curb, park it, and call a tow truck. A CHP officer beat the tow truck to the scene, though, and determined my friend had been drinking. Because he was still sitting in the car while he waited for the tow, he was charged with a DUI in a car that was motionless and would not even start if he tried.

    So don't drink and drive, m'kay?

    --
    Breakfast served all day!
    1. Re:PSA by Anonymous Coward · · Score: 2, Insightful

      To be fair, the the officer determined your friend to be drunk, and the car was his, the car didn't get there on its own. The only assumption would be that he drove it there if there was no one else with him. Even if he wasn't driving at the time.

      Not to mention a bridge like the Bay Bridge probably has multiple surveillance cameras on it, if he really wanted to push that he didn't drive the car there, the cameras would most likely answer that question.

    2. Re:PSA by 140Mandak262Jamuna · · Score: 2
      Come on, you have a four digit id.

      You don't have to do this "it happened to my friend" spiel. You can say "it happened to me" and it would be ok.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    3. Re:PSA by kamapuaa · · Score: 4, Insightful

      "I was driving drunk, but my car broke down, so it doesn't count"?

      I don't even understand what your objection is, aside from taking your friend's side. Cop did the right thing.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    4. Re:PSA by pots · · Score: 3, Interesting

      The parent's example wasn't a very good one, but there are plenty of examples of people being prosecuted for sitting in a car while drunk in places other than California. (Here's one.)

    5. Re:PSA by phayes · · Score: 4, Interesting

      Way back when the the legal age for drinking was still 18 I used to sleep in my car in the parking lot behind my favorite bar for a few hours rather than attempt driving inebriated. I always tossed my keys under the spare tire in the trunk before entering the car to avoid just this circumstance as a friend got caught sleeping in his car before me and caught a DUI. I got woken up a few times by the neighbourhood cops but not having any keys on me they couldn't accuse me of attempting to drive.

      Folding down the rear seat to crawl into the trunk to grab the keys was better than a DUI...

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    6. Re:PSA by jittles · · Score: 2

      Drunk person alone with car... not exactly grist for the Sherlock Holmes mill, is it?

      Sure, in theory. But how can they prove that he operated it? What if a sober friend operated it, saw that a tow truck was needed, had an outstanding warrant, and fled to avoid being arrested? However, the case law clearly shows that if you are alone in the car, in any part of the passenger cabin, and you have the keys, you're getting a DUI. I understand the intention of this, but there does need to be common sense involved, too. For instance, if you literally had no choice but to shelter in your car or die due to exposure to the elements, or something of that nature.

  4. Re:DUI Laws are broad by arbiter1 · · Score: 2

    Where i live, you need to put your key's in the ignition for it to be considered DUI, so its not broad, maybe if person ISN'T in drivers seat for example or (if car/truck has one) back seat?

  5. Re:DUI Laws are broad by Anonymous Coward · · Score: 3, Interesting

    I was at a girls house one night drinking with her. Her dad came home, so out the window I was sent. So here I am drunk, and not at home. Knowing the rules were that you couldn't sleep it off in your truck, I ziptied my keys to the trailer hitch, knowing I was not clever enough to get them off if I was drunk.

    I am glad I did. A couple hours after I fell asleep in my truck. *knock knock knock* on the window. Hello officer.

    We went through what was going on and I told him I had some drinks and was sleeping them off. He started in on telling me he was charging me when I informed him my keys were ziptied to the bumper hitch. He thought it was the funniest thing he'd ever heard. I was let go with a warning not to drink without a ride home.

  6. The headline could also be... by Rei · · Score: 4, Insightful

    "Autopilot saves drunk drivers' life". Assuming he would have driven either way (drunks usually do), if he hadn't had autopilot on when he passed out, the car wouldn't have driven for a few minutes on its own, then pulled slowly to a stop and put the blinkers on. He would just have crashed. Possibly into another car.

    --
    Santa Ana Winds: Like the Dustbowl, but with awards shows.
    1. Re:The headline could also be... by quantaman · · Score: 2

      "Autopilot saves drunk drivers' life". Assuming he would have driven either way (drunks usually do), if he hadn't had autopilot on when he passed out, the car wouldn't have driven for a few minutes on its own, then pulled slowly to a stop and put the blinkers on. He would just have crashed. Possibly into another car.

      Most drunk drivers don't try driving when they're so loaded they literally pass out behind the wheel.

      More likely he only decided to drive because he thought the auto-pilot would compensate for his intoxication enough to stop him from getting pulled over and allow him to drive home drive safely.

      This is one of the big risks with level 2 self-driving cars. The car does so much that people think they can do other things like watch a movie or get loaded behind the wheel. You end up with a car where neither the driver nor the software is able to safely handle a lot of situations.

      --
      I stole this Sig
  7. Re:DUI Laws are broad by cstacy · · Score: 2

    Where i live, you need to put your key's in the ignition for it to be considered DUI

    In most jurisdictions, just having the means to start the vehicle is all they need. So, keys anywhere in or near the car. They will assert that you drove the car there while drunk and parked to sleep it off.

  8. Re:Not this time by Ungrounded+Lightning · · Score: 2

    If America was run by pure Libertarianism we could drive as drunk as we want and launder money all the way home!

    If it was run by pure Libertarianism you wouldn't NEED to launder your money. (Unless the money got physically dirty and you wanted to clean it up rather than trade it in.)

    As for driving drunk: The choice would be yours. But heaven help you if you caused an accident that killed or injured a person or damaged someone else's property. ("Libertarian" doesn't mean "no responsibility for wrongdoing".) You'd still need to "make it right". The property (and incidental damages and inconvenience) you could fix with money. But "making right" a wrongful death or injury is more problematic.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  9. Ask the legislators, lawyers, and judges. by Ungrounded+Lightning · · Score: 4, Insightful

    But there will be cars that can drive unattended in some conditions and locations, but not everywhere, and I'm curious how it will be treated.

    They'd be treated as the laws and courts decide. Laws and courts can be arbitrary, but they often are reasonable.

    I'd expect that:
      * If the self-driving algorithms are recognized as smart enough to pull over, safely park, and insist a driver take over if things are getting to hairy for them, letting the auto-pilot run the car while you're impaired would be fine (provided you don't try to take over if the autopilot doesn't trust itself, or launch it into a situation where you should have known that the algorithms might fail.)
      * Riding impaired when a "reasonable and prudent" (and non-impaired) person would trust the autopilot would be OK.
      * Letting the auto-pilot take you to a medical facility when you're too out-of-it to drive yourself, as well, would not just be OK but in some cases would let your case win on the "necessity defence" even if the law prohibits it.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  10. Re:More money than sense by AmazingRuss · · Score: 3, Funny

    They have 120k worth of Prius smug. It's overwhelming.

  11. Re: Drunk Tesla Haiku by Joce640k · · Score: 4, Insightful

    Just like your typing 'assistant'

    Having an automated system doesn't mean you don't have to use the preview function before posting.

    --
    No sig today...
  12. LOL, doesn't work for pilots by istartedi · · Score: 2

    This defense wouldn't work for a pilot, not even on a long flight where they could be on autopilot for 10 hours and sober up. There is, AFAIK, no mode of transportation where this defense works since you always have to be ready to take over if the automated system disengages. To think that it would work on cars is pretty ridiculous since such systems are far less advanced for that mode of transportation.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  13. Re: Drunk Tesla Haiku by Dog-Cow · · Score: 4, Interesting

    A system which functions to assist the driver ("pilot") should instead be named after a person capable of driving (flying) without assistance from the driver (pilot)? Perhaps you should rethink that. Or possible, just think.

  14. Re: Drunk Tesla Haiku by stealth_finger · · Score: 4, Interesting

    Co-pilot suggests it helps, autopilot suggests it does it for you.

    --
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  15. Re:The most important sentence... by ledow · · Score: 2

    Er... no we don't. Don't believe the hype - an "automated" Tesla car went straight under a lorry without even detecting it. That's nowhere NEAR being able to self-drive. Just because the stats are low at the moment doesn't mean it's representative of what would happen if you classed them as fully automated and let them all loose on the road en-masse.

    And liability.

    If the system was truly automated, liability would NOT be with the driver at all. It would be with the insurers and the manufacturers. They would have to pay the full costs of every dent, bump, accident and fatality. They don't want that. The reason they don't want that is that they know it's not ready for that yet.

    Simply put: We don't have the technology. If you think we do, the manufacturers and insurers don't. That should tell you something.

    Also, there are... what? Maybe 250,000 Tesla's on the road, worldwide? There are 1bn cars on the road. That's about 0.025% of cars out there. If all the automated cars models were put together, you'd be lucky to hit 0.05%. Extrapolating from what 0.05% of cars do, when they are sold as driver-responsible, driver-assistance cars and not automated cars (so most people DON'T just use them as automated cars), and then applying that to say we could have fully automated cars "safely" is more than a little misleading.

    P.S. in this case, the car decided to block the entire road. Maybe that was "safe" for the driver, but extrapolate that to millions of automated cars with the same kind of handling and watch as the road system collapses because two joining automated cars don't cede to each other proper and neither proceed "for safety" at a point that nobody can pass them.

  16. Re:Not this time by dehachel12 · · Score: 2

    >("Libertarian" doesn't mean "no responsibility for wrongdoing".)
    How do you explain rich bankers getting away with destroying whole economies and receiving a nice exit-fee on top ?