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Reckless Driving

San Diego, CA DUI Defense Attorneys – DUI Crew

San Diego DUI Defense Attorney

In California, a reckless driving while under the influence enhancement will be added to a DUI charge if the DUI happened while driving 20 MPH over the posted speed limit on a street, or 30 miles per hour over the posted speed limit on a highway. The reckless driving DUI enhancement vehicle code is CVC 23103

Reckless Driving Penalties

In addition to standard DUI Penalties, violating California Vehicle Code Section 23103 while driving under the influence will result in a mandatory additional jail sentence of 60 consecutive days. The court does not have the power to overrule 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:

  • Any driver operating a vehicle at 30 MPH over the maximum posted speed limit on a freeway, or 20 MPH over the posted limit on any other roadway or highway in a way that is considered reckless while driving under the influence of drugs or alcohol with a BAC of .08% or more for adults 21 years and over, and a BAC of .01% or more for drivers under 21 years of age, will be sentenced to an additional 60 days in jail.
  • If a suspended sentence or a probationary period is granted by the court, it’s required as a condition of probation or suspension that the defendant serves 60 days in jail, in addition and consecutive to any other sentence.
  • If a Reckless while Driving Under the Influence violation is the person’s first 23103 offense, the defendant will be required to enroll in a court approved drug or alcohol counseling and educational program.
  • These additional penalties and sentencing terms will apply only if the indicated speed limit was exceeded by the established limits for roadways and freeways, and while driving under the influence of a drug, or driving with a bac of .08% or higher which caused their driving abilities to be impaired.

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