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California Vehicle Code § 23582

California DUI statute · Checked against the official text September 3, 2026 · How we research and review these pages

What this section governs

A consecutive 60-day jail enhancement for DUI with reckless driving at 20 or 30 mph or more over the speed limit.

Plain-language summary

This section adds a mandatory 60-day county jail term, served in addition to and consecutively with the DUI sentence, when a person convicted of DUI under Vehicle Code § 23152 or DUI causing injury under § 23153 was also driving in a manner prohibited by § 23103 (reckless driving) at 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 limit on any other street or highway. If the court grants probation or suspends execution of sentence, the 60 days remain a required condition. On a first conviction under this section the court must also order the driver to complete an alcohol or drug education and counseling program, or both. A finding that the section applies may not be stricken except in unusual cases where the interests of justice would be served, and a court that decides not to impose the added term must state its reasons on the record. The enhancement applies only if the reckless-driving and speed facts are charged in the accusatory pleading and admitted or found true by the trier of fact, and the reckless-driving finding must rest on facts beyond the impaired driving itself. Added by Stats. 1998, ch. 118, effective January 1, 1999 and operative July 1, 1999.

Official text (excerpt)

23582. (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. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)

Source: California Legislature, accessed September 3, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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