Tesla’s Elon Musk clarifies FSD was not enabled in Model 3 involved in fatal DUI crash

Credit: Andrea Conway/X

Tesla CEO Elon Musk is pushing back against hearsay by stating that Full Self-Driving (FSD) had not been downloaded on a Model 3 that was involved in a fatal crash in May 2022. The driver of the ill-fated vehicle, Hans von Ohain, who was a Tesla employee, passed away with a blood alcohol level of 0.26, over three times the legal limit. 

The ill-fated Model 3 had two passengers, von Ohain and Erik Rossiter. Rossiter, who also had alcohol in his system at the time of the tragic crash, had told emergency responders that the driver had been using an “auto drive feature on the Tesla.” And in a recent interview, Rossiter noted that he believes Full Self-Driving (FSD) was engaged when the crash happened. 

The claims of the ill-fated Model 3’s passenger, as well as headlines about the incident, have resulted in reports declaring that the Tesla was running FSD when it crashed. This was despite the fact that the NHTSA itself — due to fire damage in the vehicle — could not confirm if FSD or Autopilot was engaged when the vehicle met its tragic end. 

In response to these claims, Elon Musk noted on X, the social media platform formerly known as Twitter, that the Model 3 involved in the tragic incident did not have FSD. Musk further stated that the accident would probably not have happened if FSD had been engaged. 

“He was not on FSD. The software had unfortunately never been downloaded. I say ‘unfortunately’ because the accident probably would not have happened if FSD had been engaged,” Musk wrote in his post

While the incident itself is very tragic, it does seem to have become a story that’s full of hearsay today. This is unfortunate, especially since the Colorado State Patrol finished its investigation into the crash in February 2023. In a comment to ABC Denver 7, Colorado State Patrol Sgt. Rob Madden noted that the incident was caused by drunk driving. 

“The death of Mr. Von Ohain was tragic… The driver of the vehicle was under the influence of alcohol, and his driving actions caused his death. That is difficult to say because he has a grieving family… This is a lesson we can all learn from,” Madden said. 

Don’t hesitate to contact us with news tips. Just send a message to to give us a heads up.

Tesla’s Elon Musk clarifies FSD was not enabled in Model 3 involved in fatal DUI crash
To Top