The most punitive San Francisco DUI sentencing enhancement is for driving under the influence cases where the individual is alleged to have driven a vehicle above the the posted speed limit by more than 20 MPH on a road or 30 MPH on a freeway. The DUI speed enhancement mandates an actual county jail sentence of sixty (60) days in the County Jail. California Vehicle Code Section 23582 reads:
(a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.
(b) If the court grants probation or suspends the execution of sentence, it shall require as a condition of probation or suspension that the defendant serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall order the driver to participate in, and successfully complete, an alcohol or drug education and counseling program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.
Clearly, the California State Legislature wasn't messing around when they enacted the DUI speed enhancement with it's sixty (60) day mandatory sentence, however the DUI speed enhancement is as airtight as it seems. In addition to being convicted of a DUI and speed in excess the posted limit by 20 or 30 MPH, the driving must be "and in a manner prohibited by Section 23103." California Vehicle Code Section 23103 is "Reckless Driving." This means that the excessive speed DUI must also involve driving deemed reckless or a wanton and willful disregard for the safety of self or others. California case law requires a showing of recklessness beyond just the speeding and DUI, so other factors like number of vehicles on the road, type of road, weather conditions, lighting, etc. are just as important as the speed itself.
Regrettably, most San Francisco Bay Area district attorneys regularly charge the DUI speed enhancement for all DUI cases involving high speeds without considering the additional burden of proving that the driving pattern was also "reckless." Nevertheless, in my twenty years of San Francisco DUI defense, I can say that while I've encountered the high BAC DUI enhancement many times, but have never had a DUI client who has been convicted of it by plea or trial. The Excessive Speed DUI enhancement is on the books though and it needs to be defeated for the successful resolution of any San Francisco Bay Area DUI case.
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