Too Much of a Good Thing: Sleeping in a Self-Driving Car Can Lead to an Atlanta DUI

Too Much of a Good Thing: Sleeping in a Self-Driving Car Can Lead to an Atlanta DUI

Drivers in metro Atlanta may have a hazardous misconception when it comes to using semi-autonomous driving suites: that they will protect them from the criminal liability of impaired driving. As thousands of vehicles with cutting-edge driver-assistance features roll down the major highways of Georgia, such as the I-85, I-75 and Georgia 400, the intersection of technology and car law has reached a critical boiling point.

The belief by many drivers that once they have activated their vehicle’s self-driving, autopilot or lane-keep assist systems, they can then be legally deemed to have handed over control of their car and shut their eyes or step out of the driving seat after drinking. This is what Georgia law says is wholly incorrect, extremely perilous and a clear road to mandatory prison time.

An Examination of the Legal Concept of “Actual Physical Control”
In the state of Georgia, the state does not need proof that a person was actually operating the vehicle, pushing the gas, and making perfect lane changes during the time law enforcement began a traffic stop in order to secure a conviction for DUI. O.C.G.A. § 40-6-391, instead, prohibits it from being unlawful for any person to be in “actual physical control” or to be driving any vehicle while under the influence of alcohol or drugs.

The term “actual physical control” is a very general term that could certainly apply to an impaired driver who is in the driver’s seat of a vehicle using autonomous assist features. Georgia courts have consistently held that as long as a person is able to operate, direct or regulate the movements of the vehicle, they are legally defined as the driver of the vehicle.

Although autonomous functions are modern, the human occupant is still the final decision-maker since they can be easily overridden in a heartbeat with a touch of the steering wheel, a press on the brake or a tap on the stalk. When your car is driving through the dynamic curves of the Connector and you are found asleep at the wheel, the State will be all the more aggressive in making an arrest and have a top Atlanta DUI Lawyer on hand is essential.

The Anatomy of an Autopilot Traffic Stop
Police officers in the metro Atlanta area are specifically trained to look for the distinct driving habits of cars that are driving themselves when their driver is incapacitated. An autopilot system can keep a car in its lane and safely follow vehicles in front, but its performance is so clinical that it is easy to notice by veteran traffic patrol officers.

An autonomous system will not maneuver to change lanes to avoid small pieces of debris on the roadway, as a alert human driver will. It makes adjustments mechanically perfectly, which is interestingly, a very unnatural thing when you’re driving late at night when the road is relatively empty. Also, when a driver becomes totally asleep or unconscious due to heavy drinking, he or she is unable to react to the vehicle’s internal safety cues. Today, most cars need to be turned a bit in the wheel in order to prove driver awareness. These cues are not given, and the car is designed to flash its lights, reduce speed and stop, directly in the middle of an active highway lane, or on the narrow shoulder of a road.

If the driver of a vehicle with its lights flashing and sidelights on I-285 is unconscious with the engine still running, the officer or Georgia State Patrol trooper will conduct an immediate, intensive criminal investigation. In these complicated cases, it is imperative that an experienced Atlanta DUI lawyer challenge the state’s evidence and ask questions about how the officer was able to prove that the vehicle was operating on a public roadway and that the driver was under the influence of drugs or alcohol.

Digital Evidence: Telemetry Data vs. Police Reports
Modern vehicles are equipped with highly sophisticated computer systems that present a new environment for building a strong defense. In such cases, when a person is arrested, the police’s report generally presents a one-sided account of total driver impairment and an instant danger to the vehicle. The car, however, has a very detailed, chronologically logged record of all mechanical inputs, sensor readings and changes in system status stored internally in its computer system.

This type of telemetry information can be a powerful weapon for a knowledgeable defense. Telemetry logs can precisely show:

When the autonomous system was activated and when it was de-activated.

How hard (or not) the pedals or steering column are pressed.

Whether the vehicle was moving or stationary when driver’s cognition allegedly changed.

Faulty equipment or software which might have led to this vehicle’s erratic behavior and limited the officer’s ability to attribute human error to his or her operating the vehicle.

It takes technical expertise and mastery to use this modern digital evidence. No one can offer generic legal information; finding a DUI Lawyer in Atlanta who is well versed in the data retrieval process associated with vehicles as well as digital forensic analysis is essential in finding exculpatory evidence.

Strategic Technical Defense (STD) in Metro Atlanta.
Should you be charged with a crime related to semi-autonomous vehicle technology, it will have a direct impact on your case if you select the right representation. James Yeargan provides the highly specialized, technically precise legal strategies needed to counter state presumptions of actual physical control and autonomous operation.

His team cross-examines arresting officers aggressively about how modern driver-assist systems operate and makes extensive use of vehicle logs to show any gaps in the prosecution’s story. Don’t allow a lack of understanding of auto technology to take over your life. Call an elite Atlanta DUI Attorney today to construct a strong defense according to the complex nature of today’s digital world.