DUI while Speeding and Driving Recklessly

Vehicle Code - § 23582

What counts as a violation of Vehicle Code § 23582?

Vehicle Code § 23582 increases the penalty for DUI if the driver was speeding and driving recklessly under Vehicle Code § 23103.

The penalty for a DUI under Vehicle Code § 23152 or Vehicle Code § 23153, while driving recklessly under Vehicle Code § 23582, will be increased if either of the following occurs

  • A person drives a vehicle 30 or more miles per hour over the maximum posted speed limit on a freeway
  • A person drives 20 or more miles per hour over the maximum or posted speed limit on any other street or highway

What is the punishment for a violation of Vehicle Code § 23582?

The penalty enhancement under Vehicle Code § 23572, which is added to the penalties for Vehicle Code § 23152 or Vehicle Code 23153, is an additional and consecutive term of 60 days in county jail.

What are the defenses to a violation of Vehicle Code § 23582?

  • You were not convicted of a DUI
  • You were not speeding
  • You were driving recklessly

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