Los Angeles DUI Speed Enhancement
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Los Angeles DUI Speed Enhancement
Getting pulled over for speeding is never fun, but it can be especially scary if you’ve had a few drinks. In Los Angeles, driving under the influence (DUI) charges can be enhanced if you were speeding excessively at the time. This is known as a “speed enhancement” under California Vehicle Code Section 23582.
The speed enhancement can significantly increase the penalties for a DUI conviction. Instead of facing the normal fines and jail time, you could end up with mandatory extra jail time, larger fines, and a longer driver’s license suspension.
What is the DUI Speed Enhancement?
The DUI speed enhancement law imposes mandatory extra penalties if you are convicted of DUI while traveling at excessive speeds. Here’s an overview of how it works:
- It applies if you are convicted of DUI under Vehicle Code Section 23152(a), 23152(b), or 23153.
- The prosecution must prove you drove 30+ mph over the speed limit on a freeway or 20+ mph over the limit on any other road.
- The minimum punishment is 60 extra days in county jail.
- The court can also impose a fine up to $1,000.
- Your driver’s license suspension period will be extended by 10 months.
So for example, if you were going 75 mph in a 45 mph zone while intoxicated, you could face the enhancement if convicted. The prosecution doesn’t have to prove that you were driving recklessly, just that you exceeded the speed limit by 20+ mph.
Why Was This Law Passed?
The California Legislature passed Vehicle Code 23582 to crack down on dangerous driving practices. Lawmakers believed that driving at very high speeds while impaired poses a significant traffic safety risk.
According to the CDC, almost 29 people die every day in alcohol-related crashes in the U.S. Speeding and impairment are both major risk factors for fatal accidents, so combining the two behaviors can be extremely hazardous.
By punishing speeding DUIs more harshly, the law aims to deter drunk drivers from speeding and reduce alcohol-related traffic fatalities. However, some argue that the enhancement unfairly punishes certain behavior that may not actually be dangerous in context.
What Are the Defenses?
Because the speed enhancement imposes mandatory increased penalties, it’s important to challenge it if you face these allegations. Here are some potential defenses:
- No excessive speeding – The prosecution must prove you exceeded the speed limit by 20+ mph or 30+ mph depending on the road. If the officer’s speed estimate is inaccurate or you have evidence you weren’t speeding excessively, the enhancement may not apply.
- No reckless driving – The law targets speeding, not other reckless behaviors like weaving between lanes or running red lights. You can argue that your driving overall was not reckless under the circumstances.
- Necessity – In limited cases, you may have sped due to an emergency. For example, rushing an injured passenger to the hospital.
- Invalid traffic stop – If the officer lacked reasonable suspicion to pull you over, the entire DUI case could potentially be dismissed, including the enhancement.
An experienced DUI lawyer can help evaluate the facts of your case and decide whether to challenge the speed enhancement at trial. Even if the enhancement sticks, a lawyer may be able to negotiate with the prosecutor to minimize the additional penalties.
Recent Case Examples
Here are some real-world examples of how California courts have applied Vehicle Code 23582:
- In People v. Ortiz, the defendant was clocked going 92 mph on a freeway with a 65 mph speed limit. He was convicted of DUI and challenged the speed enhancement. However, the court upheld it, finding no reason to dispute the officer’s speed estimate.
- In People v. Thompson, the defendant was estimated to be going 53 mph in a 25 mph residential zone while intoxicated. His DUI conviction was enhanced under VC 23582 based on exceeding the limit by 20+ mph.
- In People v. Davis, the defendant was pulled over for weaving between lanes on a freeway. The officer paced her speed at 90 mph in a 65 mph zone. However, the court struck down the speed enhancement because there was no proof she had driven over 30 mph above the limit.
Changes to DUI Laws
California’s DUI laws are constantly evolving. Here are some other recent changes and proposals that could impact your case:
- The look-back window for prior DUIs was recently extended from 10 years to 15 years, meaning more defendants face enhanced charges as repeat offenders.
- Lawmakers have proposed reducing the legal BAC limit for commercial drivers from 0.04% to 0.02%. This would make it easier to convict truck drivers and other commercial license holders of DUI.
- The DMV now requires you to install an ignition interlock device (IID) for at least 6 months if you are convicted of DUI and want to get your license back. The IID tests your BAC when you drive and prevents the car from starting if alcohol is detected.
With laws frequently changing, working with an experienced Los Angeles DUI lawyer is critical to understand the current rules and penalties and build the strongest defense.
Get Help From a Lawyer
Being charged with a DUI is challenging enough on its own. If you are facing speed enhancement allegations on top of it, the stakes become even higher.
Don’t go through this process alone. An experienced Los Angeles DUI defense attorney can guide you through the complex legal issues, represent you in negotiations with the prosecution, and defend you at trial if necessary. While every case is different, in many cases it is possible to mitigate the penalties or even win a dismissal.
Don’t wait to get advice from a lawyer. The sooner you start working on your defense strategy, the better. Contact a skilled DUI attorney today to discuss your case confidentially and understand all of your options.