DUI Speeding Enhancement
California Vehicle Code Section 23582 – The DUI Speeding Enhancement
The California DUI sentencing scheme includes a sentencing enhancement for those found to be driving at excessive speeds while also driving under the influence. This enhancement requires additional jail time for those found to be driving at speeds significantly higher that the speed limid as follows:
Section 23582 states the following: ”
Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.
Therefore, those found to be driving 30 miles per hour over he speed limit on the freeway or 20 miles per hour over the speed limit on surface streets will have 60 days of jail time added to their sentence. This is obviously a very stiff penalty and should be avoided, if at all possible. In some instances a DUI lawyer may be able to get the District Attorney to drop this enhancement as part of a plea bargain.
Conditions of the DUI Speeding Enhancement
There is some peculiar language in this statute. Namely it lists an obscure requirement in addition to the requirements of speeding, and being under the influence. The statute reads: “and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153” What does this mean?
Vehicle code section 23103 is the statute that prohibits reckless driving. Thus the effect of this language is that it requires that the prosecutor in the DUI case prove that the defendant was driving with the midst of willful or wanton disregard for the safety of others.
In addition to the elements of a reckless mindset, speeding, and being under the influence this statute also makes the technical requirements that this must all be pleaded and proved. This means the prosecutor must allege this enhancement in the complaint and the elements must either be proved at trial or admitted to int he process of arriving at a plea bargain.
Why Hire A DUI Attorney? Because 60 Days in Jail is a Long Time.
This statute is further evidence of how technical the laws surrounding DUI’s in California are. There are so many technical twists and turns in a DUI case, each with the potential of having enormous impacts on people’s life. Many people mistakenly think that a DUI is a DUI, but that is not true. Each case is unique and it is usually a mistake to simply go to court without help. Enhancements such as this one can add 60 days of jail to an otherwise normal DUI sentence.
If you are being charged with a DUI, get help. We can help you. At the very least, you should call us for a free consultation. We represent individuals charged with DUI in San Luis Obispo and Santa Barbara counties including the courts of San Luis Obispo, Santa Barbara, Santa Maria, and Lompoc.