Imagine cruising down I-24 near Chattanooga in your sleek Level 4 autonomous car. You’re reclined, eyes off the road, hands off the wheel—and after a night out with friends, maybe a few drinks in your system. Suddenly, you see flashing blue lights. Can police pull you over? Can they arrest you for DUI if the car is technically driving itself?
These questions are becoming more urgent as autonomous vehicles (AVs) go mainstream and Tennessee’s DUI laws try to keep pace. In this article, we’ll examine how DUI enforcement is evolving in 2025, the legal gray areas surrounding AVs, and how police officers are trained to respond when they pull over a self-driving car.
The New DUI Dilemma: You Weren’t Driving… Or Were You?
The Core Problem: Who’s Legally “In Control”?
Tennessee’s DUI law (T.C.A. § 55-10-401) prohibits operating a vehicle while impaired by alcohol or drugs. The keyword is “operate.” Traditionally, this means controlling the movement of a vehicle—steering, braking, accelerating. But in an AV with no steering wheel, what qualifies as operation?
In 2025, the problem is amplified by the rise of Level 3 and Level 4 autonomous vehicles, which can operate independently in certain environments but may still require a human to intervene in others. So what happens when a human is technically not driving but still sitting in the front seat—or even asleep?
How Tennessee Police Are Trained to Approach Autonomous Vehicles
Step-by-Step Procedure for a Traffic Stop in an AV
Law enforcement agencies across Tennessee, including in Hamilton County and the City of Chattanooga, have started training officers to interact with AVs during stops. Here’s what typically happens:
When an AV violates traffic laws, such as an illegal lane change or headlight malfunction, police initiate the stop by activating their lights. Modern AVs are programmed to recognize this and pull over safely.
Once the vehicle is stopped, some AVs display their mode—manual or autonomous—on an external panel or interior screen. Police then approach the car to assess if a human is present, awake, and capable of taking control if needed.
If someone is seated in the driver’s position, officers evaluate whether that person has had or could have had control. If there are signs of impairment—slurred speech, odor of alcohol, erratic responses—a DUI investigation may begin.
In more complex situations, officers use onboard data, such as dashcams, telemetry logs, or black box records, to determine how long the AV has been operating autonomously and whether the human occupant intervened.
Real-World Case: Nashville Stop Highlights the Gray Zone
In February 2025, a Nashville resident was found reclined in the driver’s seat of a Tesla Model Y operating in Full Self-Driving Beta. After the vehicle was pulled over for drifting between lanes, police discovered the man was intoxicated. He insisted that he never touched the steering wheel, but he was arrested for DUI.
The court upheld the arrest. Tennessee law doesn’t require actual movement by the human—just the capacity to operate the vehicle. In this case, the man’s position in the driver’s seat, his potential to take over control, and AV logs showing brief manual input were all used as evidence.
2025 Legal Standards: What Courts Are Looking At
Tennessee Judges Consider:
Courts look at the vehicle’s mode—was it fully autonomous or did it require supervision? They also consider where the impaired individual was seated. If the person was in the driver’s seat, even without driving, that weighs heavily in a DUI assessment.
Judges review control activity logs to determine if the person touched the wheel or brakes recently. Even momentary contact can influence a verdict. Finally, they assess the intent to operate, such as manually inputting a destination or interacting with navigation features.
This framework means that simply being in the driver’s seat, especially in a Level 3 vehicle that requires human oversight, may be enough to justify an arrest.
Tech Meets the Law: AV Data Logs in DUI Cases
Autonomous vehicles in 2025 record extensive driving data—route history, control transitions, and response times. Prosecutors across Tennessee increasingly rely on this data to assess DUI cases.
If the logs show the occupant assumed control shortly before a stop or collision, prosecutors use that to argue operation. Some officers are now equipped with devices to retrieve AV logs at the scene, similar to how breathalyzers assess impairment. This tech-savvy approach provides concrete evidence beyond field sobriety tests.
Self-Driving Isn’t a Get-Out-of-Jail-Free Card
Riding in an autonomous car while intoxicated is not a legal loophole. Sitting in the front seat, even without hands on the wheel, can still lead to a DUI charge. Police can and do pull over AVs when traffic laws are violated, regardless of who’s actually driving.
Being asleep isn’t a shield either. If you had access to controls or were able to direct the vehicle, you may still be considered legally responsible. Courts treat entering the driver’s seat of a vehicle—even an autonomous one—as an act of control unless proven otherwise.
Tips: How to Avoid Legal Trouble in a Self-Driving Car
If you’ve been drinking and plan to use an AV, it’s safer to sit in the back seat, as it indicates you’re a passive passenger. Avoid interacting with the vehicle’s controls or navigation system, as this may be seen as an intention to operate.
Consider using ride-share services or fully autonomous shuttles that have no manual override. These are better options for avoiding legal gray areas. Understand your vehicle’s autonomy level—if it’s Level 3 or Level 4, you are still expected to pay attention and intervene if needed.
Finally, be respectful and cooperative if pulled over. Arguing with officers or saying “the car was driving” is unlikely to help if you’re seated in the front and appear impaired.
How Tennessee Law May Change in 2026
State lawmakers are considering bills to modernize DUI statutes for AVs. One proposed measure would define clear distinctions between front-seat and back-seat occupants and between cars with steering wheels and those without.
It also includes provisions to mandate AV data logs as admissible evidence in court, which would streamline DUI case evaluations. However, until such reforms are enacted, Tennessee’s DUI laws continue to err on the side of caution—treating any front-seat impaired person as a potential driver.
Conclusion: Don’t Let Autonomy Give You a False Sense of Security
While AVs are transforming how we travel, they haven’t rewritten DUI laws yet. Police and courts in Tennessee still focus on human behavior, intent, and access to vehicle controls. If you’re in the driver’s seat and appear impaired, expect to be treated as if you were driving.
To stay on the safe side, let someone sober—or a fully autonomous shuttle—take care of transportation. Until the legal system adjusts to these changes, it’s best to treat your AV like a regular car when it comes to DUI laws.
FAQ: DUI and Autonomous Vehicles in Tennessee
Can I be arrested for DUI in a self-driving car in Tennessee?
Yes. If you’re in the front seat and the vehicle allows manual control—even if it’s in autonomous mode—Tennessee law still considers you capable of operating the vehicle.
What if I’m asleep while the car drives itself?
Sleeping doesn’t protect you. Courts focus on whether you had the ability to operate the vehicle, not whether you were actively doing so.
Does sitting in the back seat change things?
Yes. Being in the back seat of an AV may reduce your legal exposure since it suggests you had no intent to drive or control the vehicle.
Can police access data from my self-driving car?
In many cases, yes. Police and prosecutors increasingly use AV driving logs to determine if and when you controlled the vehicle.
What types of AVs are exempt from DUI laws?
Only fully autonomous (Level 5) vehicles with no manual controls offer clear exemption. Most current AVs on Tennessee roads still allow driver override and fall under DUI scrutiny.
How do I know if my AV requires monitoring?
Check your manufacturer’s documentation. Level 3 and Level 4 AVs still require a human to be available in some conditions.
Will Tennessee laws change in the future?
A 2025 legislative proposal aims to clarify DUI rules for AV users, including exceptions for non-drivers. But as of now, ambiguity still puts the burden on you to be cautious.