A reckless driving while under the influence enhancement will be added to a DUI charge in California if:
The DUI occurred while the person was driving 20 miles per hour over the speed limit on a street, or for
riving 30 miles per hour over the speed limit on a a Freeway
The reckless driving DUI enhancement vehicle code is titled CVC 23103
Reckless Driving Punishment
In addition to the standard DUI Punishment:
Violating California Vehicle Code Section 23103 while DUI will be punished with a mandatory ADDITIONAL jail sentence of 60 consecutive days of incarceration. The Court cannot overrule this mandatory enhancement penalty,
California Vehicle Code §23582:
Additional Penalties will apply to standard DUI Penalties when aggravating factors exist that include Speeding Excessively and / or Driving Recklessly while Driving Under the Influence:
Any driver operating a vehicle at 30 miles per hour over the maximum posted or obvious speed limit on a freeway or interstate, or in excess of 20 mph over
the posted or obvious speed limit on any other roadway or highway in a manner that is considered reckless while driving under the influence of drugs or alcohol with a bac of .08% or above for adults 21 years and over, and .01% bac or above for drivers under the legal drinking age, will be sentenced to an additional sixty consecutive days in a county or city detention center.
If a suspended sentence or a probationary period is granted by the court, a condition of the suspended sentence or probation grant will be a requirement that the DUI defendant serve the consecutive 60 days in custody in addition to any other applicable penalty or punishment.
If a Reckless while Driving Under the Influence violation is a person's first 23103 offense, the defendant will be court ordered to enroll in and satisfactorily complete a court approved drug or alcohol counseling and educational program, or a combined drug and alcohol counseling and educational program.
The additional penalties and sentencing term above will only apply if the indicated speed limit was exceeded by the established limits for roadways and freeways, and while driving under the influence of a drug, or driving with a bac of .08% or higher which caused impairment of their driving abilities.
G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.