can you get an dui in one / who (under the law) is deemed in control?
This hasn't been tested yet legally.
However, if operator guidance is needed (autodrive levels 1, 2, and 3, driver must remain engaged), then you are operating the vehicle and can be charged.
For levels 4 and 5, if you're behind the wheel and could turn off the autodrive features, legal opinion is that you can still be charged (you're effectively in control).
If you're not in the driver's seat and the car is level 4 and 5 (and autodriving), then there's a strong legal argument that you're not operating the vehicle and can't be charged.
(And note that if you're autodriving, there should be no reason for the cop to pull you over in the first place.)
IANAL, this is just something I researched awhile ago.
Like there is any debate is horrific.
Let's do a thought problem.
For any issue where you're sure you're right, note the number of people who have a different opinion.
Suppose the number of people with a different opinion is excessively large, say more than 5% of the population. They have access to the same information that you do, but have come to a different position.
Given that situation, what does that say about your position, and whether debate itself is horrific?
In computing, the mean time to failure keeps getting shorter.