Excessive Speed and DUI Charges in California
Why Speeding Can Make a DUI Case Much More Serious
Being arrested for driving under the influence is a stressful experience. However, when excessive speed is involved, California prosecutors may seek significantly harsher penalties. Drivers throughout Chico, Butte County, Glenn County, Tehama County, Yuba County, Sutter County, and surrounding Northern California communities are often surprised to learn that speeding can transform an ordinary DUI case into one carrying enhanced consequences.
If you have been arrested for DUI while allegedly driving at an excessive speed, understanding the law and your legal options is critical.
What Is an Excessive Speed DUI in California?
California law imposes enhanced penalties when a person drives under the influence while traveling at extremely high speeds. Under Vehicle Code section 23582, a driver may face a sentencing enhancement if they are convicted of DUI and were driving:
30 miles per hour or more over the speed limit on a freeway; or
20 miles per hour or more over the speed limit on a street or highway.
This enhancement can be added to both misdemeanor and felony DUI cases and may result in additional jail time beyond the penalties normally associated with a DUI conviction.
Why Prosecutors Pursue Excessive Speed Enhancements
From a prosecutor's perspective, excessive speed increases the potential danger posed to other motorists, pedestrians, and property. As a result, law enforcement officers frequently document speed estimates, radar readings, pacing evidence, and witness statements when investigating DUI cases involving high speeds.
In many Northern California DUI prosecutions, prosecutors argue that excessive speed demonstrates a heightened level of recklessness and danger to the public.
Potential Penalties for an Excessive Speed DUI
A DUI conviction involving excessive speed can lead to:
Additional jail time;
Longer probation terms;
More restrictive sentencing conditions;
Greater difficulty negotiating favorable plea agreements; and
Enhanced exposure in cases involving accidents or injuries.
Depending on the facts of the case, the prosecution may seek to portray the incident as evidence of particularly dangerous driving behavior.
How Speed Is Proven in DUI Cases
Many people assume that a speed allegation is impossible to challenge. In reality, the prosecution must prove the excessive speed enhancement beyond a reasonable doubt.
Evidence commonly used includes:
Radar and Lidar Devices
Officers may rely on electronic speed measurement devices. These devices must be properly maintained, calibrated, and operated according to accepted procedures.
Pacing
An officer may estimate a driver's speed by following the vehicle and comparing speeds. Pacing evidence can sometimes be challenged based on traffic conditions, distance, visibility, and officer observations.
Officer Estimates
In some cases, an officer may simply estimate speed based on visual observations. Such estimates are not always accurate and may be subject to cross-examination.
Vehicle Data
Modern vehicles may contain electronic information regarding speed and vehicle operation. The admissibility and reliability of such evidence may become important issues in the case.
Defenses to Excessive Speed DUI Allegations
Every DUI case is unique. However, several defenses may apply when an excessive speed enhancement is alleged.
Challenging the Speed Measurement
A defense attorney may investigate:
Calibration records;
Maintenance logs;
Officer training;
Environmental conditions; and
The reliability of the speed measurement method used.
Challenging the DUI Investigation
Even if speed is proven, the prosecution must still establish that the driver was impaired or had a prohibited blood alcohol concentration.
Potential defenses may include:
Improper traffic stop;
Faulty breath testing;
Problems with blood testing procedures;
Rising blood alcohol defenses;
Medical conditions affecting test results; and
Inaccurate field sobriety test interpretations.
Negotiating the Enhancement
In some cases, an experienced DUI defense attorney may be able to challenge or negotiate the excessive speed allegation separately from the underlying DUI charge.
Excessive Speed Does Not Automatically Mean a Conviction
Many drivers assume that being accused of speeding and DUI leaves them without options. That is simply not true. DUI cases often involve complex factual and legal issues, including the validity of the traffic stop, the accuracy of chemical testing, and whether the prosecution can actually prove the alleged speed.
An experienced criminal defense attorney can carefully review police reports, body camera footage, dash camera recordings, calibration records, witness statements, and laboratory evidence to identify weaknesses in the prosecution's case.
Contact a Northern California DUI Defense Attorney
If you have been arrested for DUI involving excessive speed in Chico, Butte County, Glenn County, Tehama County, Yuba County, Sutter County, or elsewhere in Northern California, it is important to seek legal advice as soon as possible.
A DUI conviction can have lasting consequences on your driver's license, employment opportunities, insurance rates, and criminal record. An experienced Northern California DUI defense attorney can evaluate your case, explain your options, and work to achieve the best possible outcome.
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