Self-driving technology is advancing quickly, but the law hasn’t caught up yet. Many drivers in Southern Maryland wonder: can you still get a DUI in a self-driving car? The short answer is yes. Maryland law still holds the person in the driver’s seat responsible, even if the car is operating itself.
Maryland DUI Laws and Self-Driving Cars
Under Maryland Transportation Article § 21-902, it’s illegal to drive or attempt to drive while under the influence of alcohol or drugs. Courts interpret this broadly, meaning if you are in “actual physical control” of a vehicle, you can be charged with DUI.
This rule applies even if the vehicle is:
- Parked but running (keys in the ignition, or modern cars with push-start systems)
- Using driver-assist systems like Tesla Autopilot or GM Super Cruise
- A fully autonomous vehicle (once widely available)
Until Maryland updates its DUI statutes, the law makes no distinction between a traditional car and a self-driving car.
Levels of Autonomy: Why It Matters
Not all self-driving cars are the same. Here’s how DUI laws apply at different levels of autonomy:
- Level 2–3 Autonomy (Driver-Assist Systems): These systems require the driver to remain alert and ready to take over. If you’re impaired, you’re breaking the law, period.
- Level 4–5 Autonomy (Fully Self-Driving Cars): Even if the car drives itself with no input, Maryland law still considers the human in the driver’s seat to be responsible.
The “Actual Physical Control” Rule
Maryland courts have repeatedly held that someone can be convicted of DUI without the car even moving. Simply being behind the wheel with the ability to control the vehicle is enough. This reasoning extends directly to self-driving cars: if you’re in position to override or command the car, you’re legally in control.
What About Riding as a Passenger?
If you’re impaired but sitting in the back seat (and not in the driver’s seat), the risk of a DUI is much lower. In that scenario, you are not in “physical control” of the vehicle. Still, autonomous vehicles are new legal territory, and enforcement policies may shift over time.
Southern Maryland Enforcement
Police in Prince George’s, Charles, Calvert, and St. Mary’s Counties will continue to enforce DUI laws strictly. If an officer sees you impaired in the driver’s seat — even with self-driving features activated — you should expect to be arrested and charged.
Bottom Line
Self-driving technology does not eliminate DUI liability. In Maryland, you can still be charged if you are behind the wheel of a self-driving car while impaired. The safest option is simple: don’t get behind the wheel after drinking, even if your car can drive itself.
✅ If you or a loved one has been charged with a DUI in Southern Maryland, you need an experienced defense lawyer. Contact Southern Maryland Criminal Defense today for a free consultation.
