Exceeding the speed limit and driving under the influence (DUI) can both be considered dangerous acts in California. Both speeding and DUIs can lead to criminal charges. Drivers that operate a vehicle under the influence and speed may face increased penalties under California Vehicle Code Section 23582: DUI Speed Enhancement.
You can use this article to find out when VC 23582 enhancements apply in California’s court system. The professionals at the Simmrin Law Group can also help you review PC 23582 penalties and some legal defenses that can help drivers respond to this charge.
Applications of DUI Speed Enhancements in California
Drivers in California should only face a DUI speed enhancement if they meet the following criteria. Drivers must:
Drive Under the Influence
A driver can face a DUI speed enhancement penalty if they are found guilty of a DUI. Only specific DUI charges should lead to VC 23582 enhancements. These charges include:
- California Vehicle Code Section 23152(a): Driving Under The Influence Of Alcohol
- California Vehicle Code Section 23152(b): Driving With A Blood Alcohol Content Of 0.08 Percent Or Higher
- California Vehicle Code Section 23153: DUI Causing Injury
Exceed the Maximum Posted Speed Limit
In order to face a VC 23582 enhancement, a driver must exceed the posted speed limit while driving under the influence. Drivers should only face this additional charge if they:
- Drive more than 30 miles per hour over the speed limit on a freeway
- Drive more than 20 miles per hour on other highways or streets
Operate Their Vehicle in a Reckless Way
According to VC 23582, drivers should only face a DUI speed enhancement if they also violate California Vehicle Code Section 23103: Reckless Driving. This means that they would need to operate their vehicle in a way that recklessly disregards the safety of others on the road.
The Penalties for a DUI Speed Enhancement
VC 23582 is not a stand-alone charge in the state of California. It only applies if a driver is first convicted of a DUI. If a driver is convicted on DUI charges – and they exceeded the speed limit – they may face additional penalties under VC 23582. These penalties can include:
- 60 additional days in jail
- Mandatory completion of an alcohol or drug treatment and counseling program
These penalties are considered to be mandatory. However, you should be aware that drivers will generally only be required to complete an alcohol or drug treatment program if this is their first conviction with a DUI speed enhancement.
Other DUI Charges in the State of California
There are many other charges used to prosecute drivers accused of operating their vehicle under the influence in California. Examples of these charges can include:
- California Vehicle Code Section 23152(d): Driving a Commercial Vehicle with a Blood Alcohol Content of 0.04 Percent or Higher
- California Vehicle Code Section 23152(g): Driving Under the Combined Influence of Alcohol and Drugs
- California Vehicle Code Section 23152(f): Driving Under the Influence of Drugs
- California Vehicle Code Section 23572: DUI with Minor Passenger
All of these charges can lead to fines, jail time, and a driver’s license suspension.
Legal Defenses for DUI Speed Enhancements
As we mentioned, VC 23582 is a sentencing enhancement. This means that a Los Angeles criminal defense lawyer could help you handle these accusations by disputing the underlying DUI charge you are facing. A lawyer could help you by arguing:
You Were Not Driving Under the Influence of Alcohol
You cannot face DUI speed enhancement penalties if you were not driving while inebriated. Your lawyer could work to disprove the results of any chemical testing you did to measure your blood alcohol content (DUI). This could get your DUI charges thrown out.
You Were Not Operating Your Vehicle Recklessly
As we mentioned, part of VC 23582 charges include a focus on reckless driving. If you were not operating your vehicle in a manner that recklessly endangered others, you could avoid the extra penalties associated with VC 23582.
You Were Not Driving Above Posted Speed Limit
VC 23582 enhancements should only apply if you were operating your vehicle 20 or 30 miles above the maximum posted speed limit. If you were only speeding 10 miles above the speed limit you should not face additional penalties for a DUI speed enhancement.
Call a Lawyer for Help with DUI Speed Enhancements in California
You can face additional penalties if you are dealing with California Vehicle Code Section 23582: DUI Speed Enhancement accusations. Let the Simmrin Law Group’s criminal defense lawyers in Los Angeles help you with any DUI charge or enhancement. You can contact us today to get a FREE consultation.