In California, driving under the influence (DUI) while speeding, especially at 30 mph over the speed limit, is treated as an **aggravating factor** that can lead to enhanced penalties. The state considers reckless driving or excessive speeding while intoxicated as especially dangerous, and it can significantly impact both the criminal and administrative aspects of your DUI case.
Legal Considerations for DUI with Excessive Speeding
- California Vehicle Code 23582:
This law specifically adds enhanced penalties for DUI cases involving “reckless driving” or speeding at least 30 mph over the speed limit on a freeway or 20 mph over the speed limit on other roads.
To impose these enhancements, the prosecution must prove that:
- The driver was DUI (under the influence of alcohol or drugs).
- The driver exceeded the speed limit by 30 mph or more on a freeway (or 20 mph on other roads).
- The driver was engaged in reckless driving (showing a disregard for the safety of others).
- Enhanced Penalties for DUI with Speeding:
Additional Jail Time: A mandatory 60-day jail sentence is added on top of the penalties for the DUI itself.
Increased Fines: Fines may be significantly increased due to the speeding and reckless driving element.
Probation Violations: If the driver is on probation for a prior DUI, this violation can lead to additional penalties or revocation of probation.
More Severe Charges: In some cases, the combination of DUI and excessive speeding can elevate the charge from a misdemeanor to a felony, especially if it leads to an accident or injury.
- Standard DUI Penalties (without enhancement):
Fines: $390 to $1,000, plus penalty assessments that can increase the total cost.
Jail Time: Up to six months for a first DUI offense (increased with excessive speeding).
License Suspension: Four-month suspension for a first offense (extended with multiple offenses).
DUI School: Mandatory DUI education program (three to nine months for a first offense).
Probation: Informal probation for three to five years.
- Impact on License Suspension and DMV Actions:
The DMV will still impose a license suspension based on the DUI arrest, regardless of the speeding enhancement. However, the additional jail time and other penalties from the court can complicate the process for obtaining a restricted license or reinstating your driving privileges.
- Other Aggravating Factors:
If the speeding and DUI result in an accident, injury, or fatality, the charges can escalate to felony DUI or even vehicular manslaughter, which come with much more severe consequences, including years in state prison.
Legal Defenses Against DUI with Speeding
Several defenses may be available in a DUI case involving excessive speeding:
- Improper Stop: Challenging the legality of the traffic stop (e.g., lack of probable cause).
- Inaccurate BAC Tests: Contesting the accuracy of breathalyzer or blood test results.
- Speed Measurement: Arguing that the method used to determine your speed was inaccurate or improperly applied (e.g., radar device malfunction).
- No Reckless Driving: Arguing that, despite the speed, the driving was not reckless (e.g., conditions did not support a claim of recklessness).
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.