Q: There are now going to be automatic cars that drives themselves with you as a passenger. Can it be pulled over if you are drunk, and then you still can get a DUI?

— F.B., Manhattan Beach

A: As of 2013, there were three states that had approved self-driving cars: California, Nevada and Florida. Requirements for testing a self-driving car on a public road include a special license plate (which contains a red background, and the inclusion of the infinity symbol), and the presence of a human being in the vehicle. The second question below addresses the statute passed in California. For now, it does not look like the state has addressed whether a DUI offense is possible in an automatic car.

I asked an expert in the field, Torrance attorney George Bird. His analysis is of real interest. Mr. Bird focuses on the word “operate.” While the car “drives itself,” it may still be operated (or directed) by a human being. Further, the law in California requires drivers to have insurance, to be licensed, and not drive under the influence of drugs or alcohol. Bird asks “Is it going to be OK for a 12-year-old to get into one of these?” Further, he inquires “Who will be responsible if somehow the car gets in an accident?” and “What if the navigation system goes out?”

The hope is that, in time, the self-driving (automatic) car could truly increase safety, and take DUI drivers to a real degree out of the picture. My best guess is that a DUI is not going the way of the automatic pilot. There’s too much at stake when it comes to human safety. Also, there is — at least for now — a role played by the human in the vehicle that is not modest.

As to the Vehicle Code sections in California that address DUI (e.g., Sections 23152 and 23153), they state: “It is unlawful for a person who is under the influence … to drive a vehicle.” An argument will no doubt arise that the person was not “driving,” and therefore a DUI should not be issued. So, only time will tell how this burgeoning invention is going to impact the law on drunken driving.

Q:  California allows automatic cars now? Is that the law?

— E.G., Long Beach

A: Well, not quite. Gov. Jerry Brown signed Senate Bill 1298 in the fall of 2012. It authorizes the operation of “an autonomous vehicle” on public roads, for testing purposes, by a driver who possesses the proper class of license for the specific vehicle, if certain requirements are met. This includes the driver seated in the driver’s seat monitoring the safe operation of the vehicle, and requires that the driver be able to immediately take over manual control in the event of a technology failure.

In addition, the law requires the DMV to adopt regulations no later than Jan. 1, 2015, that address requirements for evidence of insurance, approval of an application to operate this kind of vehicle, and to hold public hearings with regard to the adoption of regulations for the operation of an autonomous vehicle without the presence of a driver inside. Bottom line: Stay tuned. … By the way, are these cars programmed to honk at others if need be?

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.