El Cajon DUI Defense Attorney
Reckless Driving
In the state of California, a reckless driving while under the influence enhancement can be added to a DUI if the driver of the vehicle was going 20 MPH over the speed limit on a street, or 30 miles per hour over the speed limit on a highway. The vehicle code for a reckless driving DUI enhancement is CVC 23103
Penalties for Reckless Driving in El Cajon
On top of standard DUI Penalties, violating California Vehicle Code Section 23103 while driving under the influence will come with a mandatory additional jail sentence of 60 days. The court has no power of overruling this mandatory enhancement penalty.
California Vehicle Code 23582: Additional penalties will apply to standard DUI Penalties when aggravating factors are present that include excessive speeding and/or reckless driving while driving under the influence:
Anyone driving 30 MPH over the speed limit on a freeway, or 20 MPH over the speed limit on any other roadway or highway in a manner that is considered reckless while driving under the influence with a BAC of .08% or greater will be sentenced to an additional 60 days in jail.
If there is a suspended sentence or a probationary period granted by court, it is a required condition of the probation or suspension that the defendant serves 60 days in jail, additionally and consecutive to any other sentence.
If it a persons first offense for a Reckless while Driving Under the Influence violation, they will be required to enroll in a court approved drug or alcohol counseling and educational program.
These additional penalties and sentencing terms apply only if the speed limit was exceeded on roadways and freeways, and while the defendant was driving under the influence of drugs, or driving with a bac of .08% or greater.
