If you are facing DUI charges in California, I hope you weren’t driving too fast. What’s too fast? Vehicle Code (VC) 23582 says that if you are guilty of a DUI and were driving 30 mph over the speed limit on a freeway, or 20 mph over the speed limit on any street or highway when you got that DUI, PLUS you were driving in violation of VC 23103 (reckless driving), you face a mandatory minimum of 60 days in jail.
So in sum, the formula is: DUI + too fast + reckless = judge will sentence you to 60 days in jail. When charged with the speed enhancement, the “too fast” and “reckless” portions are two elements but will be considered as one “speed enhancement.”
So what if you being charged with a DUI, are facing a speed enhancement, BUT you’d like to keep your ass out of jail? Well, the only way to stay out of jail is to get the DA to drop the speed enhancement. Simple as that. But maybe not so simple. If you want something from the DA, you have to give something in return. In exchange for dropping the speed enhancement (which will keep you out of jail), you may be able to do community service or AA meetings in exchange for the reduced plea.
If the DA refuses to cooperate, you will want to look into getting some type of alternative sentencing (an alternative to the county jail) such as work release, home confinement, or private jail.
If you’d like help with your DUI case, you can reach me by phone at 310-200-4519, by email at email@example.com, or contact me through my website.