Can You Get a DWI in a Self-Driving Car in North Carolina?

Self-driving and driver-assist technology is advancing fast. Tesla, GM, Ford, and other manufacturers are adding features that can keep a car centered in its lane, maintain speed, and even change lanes in limited settings. People naturally ask a simple question with serious consequences: if the car is doing the driving, can I still get a DWI?

In North Carolina, the answer is yes. You can be charged with DWI in a vehicle that is using driver-assist or even highly automated features because the law looks at whether you are in control of the vehicle, not whether your hands were on the wheel at a specific moment.

The foundation: how NC defines DWI

Under G.S. 20-138.1, a person commits impaired driving if they drive a vehicle on a highway, street, or public vehicular area while under the influence of an impairing substance or at or above the per se limit. The courts interpret “drives” through the lens of actual physical control. A person “drives” when they are in actual physical control of a vehicle that is in motion or has the engine running. That definition ties back to the statutory definition of driver and operator in G.S. 20-4.01.

Plain English: if you are in the driver’s seat and able to make the car move or stop, North Carolina treats you as the driver, even if some software is assisting with steering or speed.

NC law focuses on operation and actual physical control, not just “driving”

People often think “driving” means hands on the wheel and feet on the pedals. In court, the focus is broader. NC law treats operation and actual physical control as the key ideas. The statutory definitions make “driver” and “operator” functionally synonymous, and case law explains that a person drives when in actual physical control of a vehicle that is moving or has the engine running. That is why sleeping in a car with the engine running can still lead to a DWI charge.

Bottom line: the question is whether you can control the car, not whether you are actively steering it at the time.

Where self-driving fits in North Carolina law

North Carolina has a framework for fully autonomous vehicles in G.S. 20-400 et seq. These statutes define automated driving systems and address vehicles that can operate without any human input under certain conditions. But very few vehicles on North Carolina roads today meet that definition. Most consumer systems are driver-assist, which still require a human who is alert and ready to take over.

If you are in the driver’s seat of a car with Autopilot or another assist feature engaged, the system expects you to supervise and intervene. Under North Carolina law, that means you remain the operator responsible for safe control of the vehicle. If you are impaired, you are exposed to a DWI charge.

Real-world posture prosecutors take

Across the country, police and prosecutors have pursued impaired driving cases where people relied on driver-assist and then claimed they were not actually driving. The consistent position is that if you were in the seat with access to the controls, you were in actual physical control. North Carolina courts apply the same framework because the statute and case law turn on control, not the branding of the technology.

Why “the AI was driving” is not a defense today

Even impressive driver-assist features can disengage, hand control back suddenly, or require human judgment in an instant. The law expects a sober human operator to be ready at all times.

Technology can assist your driving. It does not erase your legal responsibility to control the car safely.

Practical scenarios and how NC law likely views them

A. Autopilot on, you are alert but impaired
You are still the operator with actual physical control. A DWI charge is likely if the State can prove impairment and operation in a public vehicular area.

B. You fall asleep in the driver’s seat while a system is engaged
Courts look at the totality of circumstances. If the engine is running or the vehicle is moving and you are in the driver’s seat, that is strong evidence of actual physical control.

C. The system performs a maneuver you did not expect
Unexpected behavior does not eliminate the operator requirement. The law assumes you are supervising and capable of immediate intervention.

D. True Level 4 or Level 5 vehicles in the future
If and when vehicles meet the statutory definition of fully autonomous and operate with the automated driving system engaged, some responsibilities may shift under the dedicated autonomous-vehicle statutes. For now, those scenarios are limited and heavily regulated.

How this intersects with other NC traffic consequences

A DWI affects more than a one-day court appearance. Convictions can trigger license suspensions, interlock requirements, and insurance consequences. If driver-assist features lulled you into thinking you were safe to ride home, the legal and DMV outcomes can still be severe. A person operating a self-driving car is responsible for all other traffic infractions such as, unsafe movement, passing a stopped school bus, speeding, etc. It goes without saying that you still need an active driver's license to operate a self-driving car. A person operating a car in autopilot without a license could still be charged with driving while license revoked in North Carolina.

Smart technology use without risking a DWI

If you plan to drink, do not sit in the driver’s seat with the engine running, and do not rely on driver-assist to get you home. Use a ride-share, call a friend, or make a plan before you go out.

Final thought

Self-driving and driver-assist systems are exciting, but North Carolina law remains clear. If you are in actual physical control of a vehicle while impaired, you can be charged with DWI, even if software is steering or braking at that moment. The safest choice is simple. If you have been drinking, do not get behind the wheel.

If you are facing a DWI in North Carolina, you need a defense strategy that understands both the technology and the law. Contact us to talk through your facts and options.