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Waymo vehicles now cruise through parts of Southern California, and a growing number of people assume that climbing into one after a night out is a bulletproof way to avoid a DUI. That assumption could land you in handcuffs. California’s DUI laws were written long before autonomous vehicles existed, and the gap between what riders expect and what the law actually permits is significant.
Here is what you need to know before you trust a robot to keep you out of trouble.
How California DUI Law Defines “Driving”
Under California law, a DUI requires driving a vehicle. But “driving” is broader than most people think, and courts have stretched it far.
California Vehicle Code Section 23152 makes it unlawful for a person under the influence of alcohol or drugs to drive a motor vehicle. The word “drive” sounds straightforward, but California courts have consistently interpreted it to include situations in which a person causes a vehicle to move voluntarily, even when the car is not actively moving.
In the landmark case *Mercer v. Department of Motor Vehicles* (1991), the California Supreme Court clarified what it means to drive under state DUI statutes. The court confirmed that some volitional movement of the vehicle is required, but it also left room for prosecutors to argue volitional movement in ambiguous situations.
The takeaway: if you are in a seat that could be interpreted as a position of engaging the autonomous technology, a creative prosecutor may try to make a case.
Are Waymo Passengers “Drivers” Under California Law?
A Waymo passenger riding in a fully autonomous vehicle is not operating the car, but the legal question remains unsettled in California.
Waymo vehicles operating in California are classified as autonomous vehicles under California Vehicle Code Section 38750 and the regulations issued by the California Department of Motor Vehicles under California Code of Regulations, Title 13, Sections 227.00 through 227.84. These rules govern the deployment of autonomous vehicles and distinguish between vehicles that require a human operator and those that do not.
A fully autonomous Waymo, operating in driverless mode without a safety driver, has no human at the controls. Under Vehicle Code Section 38750(a)(4), a person who engages the autonomous technology can be deemed an “operator.” Under that framework, a passenger sitting in the back seat is not driving the vehicle, and whether they can be considered an “operator” or “driver” under Vehicle Code Section 23152 remains an unresolved, contested legal question.
That is the good news. But California law has not explicitly passed a statute that reads: a drunk passenger in a Waymo cannot be charged with DUI. Until legislation or a binding appellate decision closes that gap, law enforcement still has discretion in how they approach unusual situations.
What Happens If Police Pull Over Your Waymo?
If law enforcement stops a Waymo and suspects a passenger is impaired, they can still investigate. What they do next depends heavily on the circumstances.
Waymo vehicles can be stopped by law enforcement. The California DMV autonomous vehicle regulations require that the vehicles be capable of responding to law enforcement signals and pulling over safely. Once stopped, an officer who observes signs of intoxication in a passenger may conduct an investigation.
In a scenario where Waymo is operating autonomously, and no human has any input over the vehicle, a DUI arrest of a passenger would likely be legally problematic. But law enforcement may still attempt to do so, particularly in jurisdictions where autonomous vehicles are relatively new and officers are not fully trained to distinguish them.
You should never speak with law enforcement without an attorney present. Do not volunteer information, do not explain yourself, and do not assume the officer already understands autonomous vehicle law better than you do.
Could You Face Other Charges?
Even if a DUI does not stick, California law has other statutes that could apply to an intoxicated Waymo passenger depending on the circumstances.
Public intoxication under California Penal Code Section 647(f) does not require a vehicle at all. If an officer determines you are drunk, disruptive, or unable to care for your own safety, that charge is on the table regardless of how you got there. Being inside a stationary Waymo at a pickup or drop-off point and behaving in a way that draws police attention creates real exposure.
Open container violations under Vehicle Code Section 23223 prohibit possessing an open alcoholic beverage container in a motor vehicle on a highway. Passengers are explicitly covered under Section 23221. Riding in a Waymo with an open bottle is a violation, regardless of who is driving.
These are not hypotheticals. They are live statutes that apply to passengers in any motor vehicle, autonomous or not.
What to Do If You Are Arrested After Riding in a Waymo
If you are arrested in or near an autonomous vehicle in California, the steps you take in the first hour matter enormously.
Do not resist. Do not answer questions beyond identifying yourself as required. Invoke your right to counsel immediately and clearly. California law, under *Berkemer v. McCarty* (1984) and consistent with Miranda protections, requires that questioning stop once you request an attorney.
Then call Patrick Silva, Attorneys at Law. Our firm is more educated in DUI defense than most, and we have won a significant number of cases that others would have walked away from. Autonomous vehicle DUI charges sit at the bleeding edge of California criminal law, and that is exactly the kind of fight where deep knowledge of DUI statutes and evolving technology law makes the difference.
If you or someone you know has been arrested after riding in an autonomous vehicle, do not wait. Contact us online or call us directly at 909-500-4819 . The law is still catching up to technology, and you need a firm that is already ahead of the curve.
