If you’re caught speeding while driving under the influence, you may be hit with additional punishments — but only if the prosecutor can prove each element of the enhancement.
If you’re convicted of driving under the influence in California, the penalties will likely be harsh. But if you happened to be speeding while driving under the influence of alcohol or drugs, you can expect even more severe penalties — including a minimum of 60 days in jail — to be added to the standard DUI sentence.
Separately, driving under the influence and speeding are each dangerous. But when they’re combined, they have the potential to cause serious harm — including death or a grave injury. That’s why California law provides enhanced penalties for anyone caught speeding while driving under the influence. But as any experienced Santa Ana DUI lawyer will tell you, just speeding while driving under the influence is not enough to have the enhancement applied. Read on to learn more about speed enhancements in DUI cases.
When A Speeding Enhancement Can Be Applied
Speeding while driving under the influence can lead to an increased punishment if the prosecution can prove certain factors. If it can be demonstrated that you (1) drove under the influence of either alcohol or drugs, (2) drove 20 to 30 miles per hour over the speed limit, and (3) drove in a reckless manner, the speed enhancement will be applied if you are convicted of a DUI.
Under this law, it isn’t enough to simply be speeding while driving under the influence. Instead, you have to be speeding and driving recklessly. So what exactly is reckless driving? The legal definition is driving with a “willful or wanton disregard for the safety of persons or property.” This means that you are aware that your behavior is likely to hurt someone, but you internationally disregarded that risk.
This standard is incredibly high. Not only does the prosecutor have to prove that you were likely to hurt someone, but that you ignored that likelihood. Speeding itself isn’t reckless driving, and neither is driving under the influence of alcohol or drugs. There has to be something more for your driving to be considered reckless. One example of reckless driving may be doing what is commonly known as “playing chicken” — when you drive on the wrong side of the road towards an oncoming car, and see who “chickens out” first and turns or stops their car. Reckless driving is more than just negligent behavior — it involves a driver who knows that his driving could hurt someone, but intentionally does it anyways.
Penalties for Speed Enhancements
If you’re convicted of a DUI and the prosecution can also prove that you were speeding and driving recklessly, the judge will add a sentencing enhancement to the punishment that you already received for the DUI. This penalty is at least 60 days in jail on top of whatever jail term you have have gotten for the DUI itself, and mandatory drug or alcohol education program.
Importantly, a speed enhancement is only applied in cases where a person is convicted of a DUI. If your Santa Ana DUI lawyer can get your DUI charges reduced or dismissed, then the speed enhancement will not apply. Your attorney can also defend you from a speed enhancement by arguing that you were not driving under the influence, you weren’t speeding or that you were driving recklessly. If he can prove any of these factors, then the speed enhancement will not apply.
A DUI with a speed enhancement can have a tremendously negative impact on your life, particularly due to the requirement of jail time. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you with a DUI with speed enhancement charge.
