Last Updated on July 2, 2025
Driving drunk is dangerous enough, but it’s even riskier when it’s done at high speeds. Because driving under the influence at a high speed is so reckless, California institutes DUI sentencing enhancements for those who drive at dangerous speeds. In Vista, police often issue tickets to people speeding down Melrose and nearby streets —and arrest those they believe to be intoxicated while doing so. If you have been accused of this serious enhancement, contact a DUI lawyer immediately.
DUI Enhancements for Driving at a Reckless Speed
You can’t face a DUI enhancement in California just for going a few miles over the posted speed limit. If you are only going five miles too fast when you were pulled over for drunk driving, the officer will usually avoid citing you for speeding. Even if he does give you a ticket for minor speeding though, it will be the same as any other speeding ticket —though it will be tough on your driving record to get extra points the same day you get a DUI.
DUI speeding enhancements are detailed in the state’s vehicle code section 23582 (VC). They are only applied in cases where a suspect was driving recklessly and operating a vehicle at more than 30 miles per hour above the posted speed limit on a freeway or more than 20 miles per hour above the speed limit on a public street. As an enhancement, you will not be subjected to these penalties unless you are convicted for both the underlying DUI charge and 23582 (VC).
What is the Penalty for 23582 (VC)?
California’s minimum additional penalty for drunk driving and excessive speeding is a 60-day jail sentence and a mandatory alcohol/drug education program. These penalties are in addition to any penalties you receive for the basic DUI charge.
San Diego County courts take these crimes very seriously, so do not attempt to fight these enhancements without the help of an experienced DUI defense attorney.
Fighting Drunk Driving and Excessive Speeding Charges
To prove these enhancements, the prosecution must prove that you were:
- driving under the influence of drugs or alcohol
- driving at excessively high speeds
- driving recklessly with a conscious disregard for the safety of other persons or property
The enhancement will not be applied to your sentence if the prosecution cannot prove each of these factors. Your defense attorney will argue that unless your conduct was likely to injure someone, you should not be subject to the excessive speeding DUI enhancement.
Even if you were doing all three activities, your defense lawyer might be able to negotiate a plea bargain that will enable you to avoid this sentencing enhancement. In many cases, DUI plea bargains include negotiating the charges down to wet reckless, which will help you avoid a mandatory license suspension and the installation of an ignition interlock device. A wet reckless charge will also leave you with a shorter jail sentence and a shorter probation period.
What Driving Behaviors are Considered Reckless?
Under California state law, reckless driving involves operating a vehicle with a “willful or wanton disregard” for the safety of others or their property. In other words, the driver must be aware that their behavior is likely to cause injury or property damage. Common acts that qualify as reckless driving include:
- almost hitting pedestrians or other vehicles
- weaving in and out of traffic at a high rate of speed
- running stop signs and red lights
- driving on sidewalks
- illegally passing other vehicles
It is easiest for the DA to prove these enhancements when the defendant is charged with a DUI causing injury, but they still must prove the driver should have been aware their driving was likely to harm another person.
While some drivers do engage in these behaviors, it is rare for the prosecution to be able to prove that someone did so while drunk and excessively speeding. If they cannot show that you did all three together, your DUI attorney will show that you cannot be convicted for a reckless speed enhancement.
In many cases, if the prosecution has sufficient proof that you were driving recklessly enough to be subjected to a DUI sentencing enhancement, they will also file separate reckless driving charges.
Call a Lawyer Today
If you have any questions about drunk driving and excessive speeding enhancements in California, please call Peter M. Liss at (760) 643-4050 to schedule your free consultation at his office across the street from the Vista jail and courthouse.
