
Ask HN: When you are drunk and take a self-driving car home, can you get a DUI? - Fjolsvith
So, my wife and I were talking about this.  The discussion started out about us drinking at a bar and taking a taxi home.  Using the app to tell the self-driving car to drive itself home.  Then I thought, well, heck, have the car drive us home.  Then, suppose the car is pulled over or has a traffic checkpoint.  Would you get a DUI?
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DanParson
Currently, yes.

Right now, laws still require a driver to be "in control" of the vehicle,
usually meaning someone in the driver's seat, ready to take control when
needed. Even if you never needed to take active control of the vehicle, you
would still be unable to if the situation did arise. The "in control" part is
how you can be arrested for DUI even if you're in a stopped car while
intoxicated.

In the future, when self-driving cars get to the point of not needing someone
in the driver's seat, the law will likely still require someone to be
"responsible" for the car. In other words, similar to now, someone that could
take over control in an emergency and would be held responsible for the car's
actions. As is said in the thought-provoking _I, Robot_ movie, "...a robot
cannot be charged with homicide.... murder can only be committed when one
human kills another".

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Fjolsvith
Okay, I get it. Now, what about a robotic Uber car or taxi? Could the
passenger get a DUI?

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gus_massa
Currently yes, because someone responsible with a driving license has to be
behind the wheel all time. A 5 year old kid can't go alone in a self-deriving
car today. You can't send a self-driving car to autopark alone, like a horse.

In the future, there _may_ be new legislation to allow kids, people without
license, empty and drunk people to in a self-driving car.

