VC 23582 – California DUI, Excessive Speed Enhancement

California DUI – Table of Contents

• VC 23152(A) Overview
• VC 23152(A) Sentencing
• VC 23152(A) Prosecuting
• VC 23152(A) Defending
• California Reckless DUI – Hire Us

What is California VC 23582?

California Vehicle Code 23582 Enhances the DUI Penalty for Excessive Speed and Reckless Driving

California’s Vehicle Code 23582 acts as a DIU “sentencing enhancement law” because it adds a minimum of 60 days in jail to DUI sentences under certain circumstances. It’s a serious charge, but there are also strict requirements that must be met in order for the prosecutor to charge you with VC 23582. This is why finding an experienced attorney is so important because they know the ins and outs of the laws and will ensure your rights are protected, and your case is presented in the best possible light during the entire process.

In order for somebody to be charged with VC 23582, the prosecutor must prove that all three of the following took place:

1. The driver was convicted of
   1. Driving under the influence,
   2. Driving with a BAC of .08% and above,
   3. DUI causing injury
2. During the offense, the driver exceeded the post speed limit by
   1. 30 MPH on the freeway or
   2. 20 MPH on any other road or highway
3. The driver drove recklessly

Let’s take a closer look now at the excessive speed and reckless driving conditions.

Prosecuting California VC 23582

Driving at Excessive Speeds

The prosecutor must prove that the driver drove at excess speed, which is defined as:

• 30 miles per hour or more over the maximum or posted speed limit on a freeway
• 20 miles per hour over the maxima or posted speed limit on other public streets
• Other maximum speed limits apply for specific drivers or locations, like school zones, bus drivers, and cars that are towing other vehicles
• There is also a “basic speeding law” in California, which makes it illegal to drive faster than what is reasonably safe given current weather, traffic, and road conditions

Driving Recklessly

But, it’s important to remember that driving at excessive speeds alone is not enough to trigger a VC 23582 sentencing enhancement. The defendant must have also committed reckless driving. Reckless driving is more than just making a one-time unsafe lane change or speeding alone — under California law reckless driving means driving with a willful or malicious disregard for the safety of others. To be convicted of driving recklessly, the driver’s conduct must demonstrate an awareness that their actions present a substantial and/or unjustifiable risk of harm that you ignored.

Examples of reckless driving include:

• Playing bumper tag — passing other cars and then slamming on the brakes to force the driver behind them to slam on the brakes to avoid a collision
• Playing “chicken” with oncoming cars or people — driving towards them to see who yields first
• Tailgating at extremely high speeds
• Driving on the sidewalk or over a curb to avoid traffic
• Swerving suddenly towards another car or pedestrian pretending they are going to hit them
• Evading the police

VC 23582 Sentencing

If the prosecutor is able to prove all of the above-mentioned factors, the DUI offender faces an additional 60 days in jail for driving recklessly and speeding while under the influence.

Even if the court grants probation or suspends the sentence, the defendant will still be required to serve those 60 days in the county jail. Drivers sentenced under VC 23582 are also required to attend a drug and/or alcohol education program.

Fighting a VC 23582 Charge

Commonly, defendants are able to fight their DUI enhancement charges because one of the necessary elements is missing. Common defenses include:

• You were not intoxicated. The prosecution still has the burden to prove the defendant’s BAC was at least 0.08% or that they were under the influence of drugs. There are many challenges to the validity of the breath test that a skilled attorney could raise, in addition to challenges with the officer’s conclusion that you were under the influence based on your demeanor, driving conduct, and field sobriety test performance.
• You were not driving 20-30 miles per hour above the speed limit. If the police did not use a radar gun, your defense attorney can cast doubt on how fast you were actually going. If a speed gun was used, your attorney can mount many challenges on the results’ accuracy.
• You were not driving recklessly. If you made an illegal u-turn, tried to change lanes into the path of another car, or you drove down a one-way street, realized your error, and stopped, the court will not consider this as willful and wanton (malicious) disregard for the safety of others. Remember, the prosecution has to prove that you had or showed an awareness that your actions presented a significant and unjustifiable risk, or damage, or injury.

Working with a skilled attorney will help your case tremendously because they can look for these loopholes and raise “reasonable doubt” for one or more of the factors, which will then make it impossible to charge the defendant with the DUI enhancement.

We Want to Help

If you’ve been charged with a DUI in the Los Angeles area, contact us today for a free consultation. Your freedom depends on finding an experienced DUI defense attorney immediately. The sooner you reach out, the sooner we can get to work on getting your case drastically reduced or dismissed entirely. Call us now at 310‑274‑6529 for a free consultation.

If you or a loved one has been charged with driving under the influence of alcohol in the Southern California area, we invite you to contact us immediately for a free case review.

Our experienced and assiduous attorneys will be sure to fight until the end to reduce or drop your charges completely.

Call Us for a FREE Case Review: 213-932-8922

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