A friend recently showed up at my house in his new Tesla, and I have to admit I was more than a little curious. While I have never been too concerned with being an electric vehicle (EV) guy, the self driving technology packed into the latest models really intrigued me. So, I convinced him to take me for a little spin around town, and what I saw blew me away.
It’s important to note here that what Tesla calls Full Self Driving (FSD) today is actually Supervised Full Self Driving. This means the car requires someone to be in the driver’s seat and actually paying at least some modicum of attention, because the system can make mistakes. I had heard all the horror stories of wild crashes and test dummies getting run down when things didn’t go as planned, but you know how the media is…and I wanted to see for myself.
So off we went. He started off with full manual driving, demonstrating the Model 3’s ability to rapidly accelerate. I quickly wondered why the thing didn’t come with a fighter pilot’s G-suit as I peeled myself loose from the seat back. Check…that was impressive. But darn it, I was here for the main event, and I wanted to see the full self driving. So we programmed a destination into the Navigation system, punched the magic on screen icon, and off we went. The car was perfect. It stayed within the speed limits, stopped at the stop signs and red lights, and even activated the turn signals. Not one glitch in our little trip…not one.
Long story short, with the $7500 tax credit and some other incentives that made things too good to pass up, I decided to lease one for myself. After driving it for three weeks, there have been a couple of brief instances where I wasn’t comfortable with what the FSD wanted to do, and I took control myself. But by and large, the car has performed flawlessly.
With Tesla now testing their Robotaxis in Texas, along with the first unmanned delivery from the factory to a customer’s house last week, it seems that Tesla is putting the finishing touches on their Unsupervised FSD technology, which they have promised to roll out to the rest of us via a software download when it was ready.
After a long career in law enforcement, from which I have thankfully retired, my mind naturally turned to the legal implications of this self driving goodness. Having your Tesla drive you from A to B will essentially be like using one of their Robotaxis, right? So if I wanted to have the obligatory “two beers” (because they ALL had only two beers ) I should be able to have my trusty electronic steed take me home in relative safety, right? Not so fast……..
As self-driving cars increasingly appear on Florida’s roads, the state’s laws on driving under the influence (DUI) face uncharted territory. While autonomous vehicles hold the promise of reducing crashes caused by impaired drivers, they also create confusion about who—or what—is legally responsible behind the wheel.
Florida was among the first states in the nation to legalize the operation of autonomous vehicles. Back in 2016, then-Governor Rick Scott signed legislation formally recognizing self-driving cars and allowing them to operate on public roads. That early law, codified in Florida Statutes §316.003, defined an “autonomous vehicle” as one capable of operating without any control or monitoring by a human driver.
The state pushed further in June 2019, when Governor Ron DeSantis signed House Bill 311. That bill was designed to put Florida “at the forefront of transportation innovation,” in DeSantis’s words, by authorizing fully driverless vehicles to operate commercially without a person inside. Under this framework, companies such as Waymo or Cruise could, in theory, deploy autonomous taxi services throughout the state. The law also updated insurance requirements and specified safety standards for automated systems.
316.85 Autonomous vehicles; operation; compliance with traffic and motor vehicle laws; testing.—
(1) Notwithstanding any other law, a licensed human operator is not required to operate a fully autonomous vehicle as defined in s. 316.003(3).
(2) A fully autonomous vehicle may operate in this state regardless of whether a human operator is physically present in the vehicle.
(3)(a) For purposes of this chapter, unless the context otherwise requires, the automated driving system, when engaged, shall be deemed to be the operator of an autonomous vehicle, regardless of whether a person is physically present in the vehicle while the vehicle is operating with the automated driving system engaged.
(b) Unless otherwise provided by law, applicable traffic or motor vehicle laws of this state may not be construed to:
1. Prohibit the automated driving system from being deemed the operator of an autonomous vehicle operating with the automated driving system engaged.
2. Require a licensed human operator to operate a fully autonomous vehicle.
(4) An on-demand autonomous vehicle network shall operate pursuant to state laws governing the operation of transportation network companies and transportation network company vehicles as defined in s. 627.748, except that any provision of s. 627.748 that reasonably applies only to a human driver does not apply to the operation of a fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network. A fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network must meet the insurance requirements in s. 627.749.
Yet even as Florida rolled out the red carpet for self-driving technology, it left a critical question unanswered: What happens when the person in the driver’s seat is intoxicated?
DUI Law Remains Broad
Under current Florida law, the definition of driving under the influence remains broad and strict. Florida Statute §316.193 makes it illegal to operate a vehicle while impaired by alcohol or drugs to the extent that “normal faculties are impaired,” or to drive with a blood alcohol level of 0.08 or higher. Importantly, the statute doesn’t require a car to be in motion. Instead, a person can be convicted simply for being in “actual physical control” of a vehicle.
In practice, this means that if a person sits behind the wheel—even if the vehicle is parked or stopped—they can be charged with DUI if they are intoxicated and have the means to operate the vehicle. Courts have upheld convictions in cases where drivers were found asleep in parked cars with keys in the ignition. This interpretation has been reaffirmed by Florida appellate courts over the years.
Autonomous Vehicles Add a Layer of Complexity
With self-driving cars, that traditional framework is getting more complicated. The key question becomes whether an intoxicated occupant sitting in the driver’s seat of a vehicle operating autonomously can still be said to have “actual physical control.”
In 2018, a case in California drew national attention when a man was arrested for DUI while his Tesla was traveling in Autopilot mode. Although that case did not occur in Florida, the scenario illustrates the dilemma. The driver claimed the car was driving itself. Nevertheless, law enforcement maintained that he was ultimately responsible for the vehicle’s operation.
Legal experts in Florida say similar prosecutions are likely here. “Under existing Florida law, the occupant in the driver’s seat retains responsibility, even if automation is engaged,” said Tampa defense attorney Richard Watts, who has handled numerous DUI cases. “Until the legislature amends the statute, there is no clear exemption for self-driving vehicles.”
Public Safety Implications
Despite the legal ambiguities, public safety advocates see an opportunity. Drunk driving has long been one of Florida’s most persistent traffic hazards. According to the Florida Department of Highway Safety and Motor Vehicles, there were more than 5,000 alcohol-confirmed crashes in Florida in 2022 alone, resulting in over 350 fatalities.
Supporters of autonomous vehicles argue that removing human error and impairment from driving could drastically reduce these numbers. A 2020 Insurance Institute for Highway Safety study suggested that widespread adoption of self-driving cars could prevent roughly one-third of all crashes nationwide. However, the report also cautioned that this estimate assumes perfect software and flawless deployment—conditions that have not yet been demonstrated.
“Autonomous vehicles offer a chance to dramatically improve road safety,” said Peter Cummings, a traffic safety researcher at Florida State University. “But we can’t underestimate the real-world challenges. Until the technology is fully proven and accepted, it will coexist with human drivers, and that creates new points of conflict.”
Industry Caution and Enforcement Challenges
Manufacturers themselves are wary of promising that their vehicles absolve occupants of legal responsibilities. Tesla, for example, states clearly in its owner’s manuals that Autopilot and Full Self-Driving modes require constant driver supervision and that the driver must be ready to take over at any time.
Waymo, which operates in Arizona but has shown interest in expanding to Florida markets, uses fully driverless cars with no steering wheels in some locations. In those cases, the person inside is a passenger by design, not a driver. Florida law—thanks to HB311—acknowledges that possibility. However, companies still retain the right to deny rides to intoxicated passengers for safety and liability reasons.
If an autonomous car crashes while its occupant is intoxicated, investigators in Florida will likely face new challenges. Unlike traditional DUI cases, where roadside sobriety tests and breathalyzers are standard, these incidents may require analysis of vehicle logs, onboard camera footage, and system status reports to determine whether human intervention contributed to the crash.
Calls for Legislative Clarity
Recognizing the gap, some Florida lawmakers and legal observers have called for clearer statutory language. “It’s not sustainable to leave this in a gray area,” said State Senator Jeff Brandes, who sponsored earlier self-driving legislation. “We need to update DUI statutes to define what ‘control’ means when there is no steering wheel and no pedals.”
As of mid-2025, no bill has been introduced to specifically amend Florida’s DUI law to account for fully autonomous operation. The National Highway Traffic Safety Administration has also yet to issue binding federal regulations, though draft recommendations are expected by late 2025.
Bottom Line for Floridians
For now, the safest assumption is that being drunk in the driver’s seat—even if your car can drive itself—could still lead to a DUI arrest in Florida. “Until the law changes,” said defense attorney Watts, “the burden of control remains with the human occupant.”
While the technology may one day fulfill its promise of making drunk driving obsolete, Floridians should continue to follow the same advice that has saved countless lives: if you’ve been drinking, don’t get behind the wheel—autonomous or otherwise.
