What a DUI Speeding Enhancement Means
Speed can change a DUI sentence in California. A DUI speeding enhancement adds a separate jail term when high speed and reckless driving happen during the offense. The rule sits in its own Vehicle Code section.
That section sets both a speed threshold and a manner of driving. So both parts must fit for it to apply.
The Speed Thresholds
Vehicle Code section 23582 applies to a driver going 30 or more miles per hour over the limit on a freeway. On any other street or highway, the threshold is 20 or more over the limit. The section covers maximum, prima facie and posted limits.
The driving must also be reckless as described in Vehicle Code section 23103. That section covers driving with willful or wanton disregard for safety.
The DUI Speeding Enhancement Jail Term
Section 23582 adds an additional and consecutive term of 60 days in county jail. Even when the court grants probation, it must require those 60 days as a condition. In addition, the time runs on top of other DUI custody.
On a first conviction under this section, the court must also order an alcohol or drug education and counseling program. So the enhancement adds both time and classes.
Striking the DUI Speeding Enhancement
The statute limits when a court can drop the finding. Except in unusual cases where the interests of justice would be served, the court should not strike it. Also, if the court decides not to impose the added term, it must state its reasons on the record.
Therefore, the facts about speed and driving carry real weight. Radar records, video and crash reconstruction may matter.
Related Sentencing Factors
Other factors can stack with speed. For example, Vehicle Code section 23578 treats a blood alcohol level of 0.15 percent or more as a special factor at sentencing. The article on high BAC DUI consequences explains that rule.
A child passenger can also add time, which the guide on DUI child passenger cases covers.
Questions to Raise
Ask how the speed was measured and where. Also ask whether the road counts as a freeway under the statute. These details can change whether the 20 mile or 30 mile threshold applies.
The article on California first DUI penalties shows how the base sentence works. Then compare it with any added terms.
A DUI speeding enhancement also affects probation terms, since the 60 days becomes a required condition. In addition, the required education program adds class time and fees. So people facing this allegation should plan for both when they review any offer.