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Vehicle Code 23582- DUI Speeding Enhancement

(a) 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.

In certain situations, the prosecutor will allege a speeding enhancement to a DUI charge under Vehicle Code 23582.  As shown above, this enhancement adds 60 days to any underlying sentence on the DUI charge.  The speeding allowed differs based on the location of the incident:

(1) On a freeway – 30 or miles per hour over the speed limit;

(2) On any other street or highway – 20 or miles per hour over the speed limit.

The fact that the above speeding is proved is not enough for this enhancement to apply. The prosecutor must also prove:

(3) The driving was in a manner prohibited by Vehicle Code 23103, Reckless Driving. Therefore, not only must there be proof of the speeding, there must be proof that it was done “intentionally with a willful and wanton disregard for the safety of persons or property.” CALCRIM No. 2200

(4) The defendant is guilty of driving under the influence.

The speeding enhancement is a tough one to prove due to the fact that the prosecutor has to also prove a violation of Vehicle Code 23103, Reckless Driving.  The reality in most of these cases is that the defendant was just speeding, and although a dangerous activity, it generally does not meet the level of Reckless Driving.

References & Resources:

Vehicle Code 23103 - Reckless Driving

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