In the state of California, a reckless driving while under the influence enhancement will be added to a DUI charge if the DUI occurred while the person was driving 20 MPH over the speed limit on a street, or 30 miles per hour over the speed limit on a freeway. The reckless driving DUI enhancement vehicle code is titled CVC 23103

In addition to standard DUI Penalties, violating California Vehicle Code Section 23103 while driving under the influence will result in a mandatory additional jail sentence of 60 consecutive days of incarceration. The court cannot overrule this mandatory enhancement penalty.

California Vehicle Code 23582: Additional penalties will apply to standard DUI Penalties when aggravating factors exist that include excessive speeding and/or driving recklessly while driving under the influence:

• Any driver operating a vehicle at 30 MPH over the maximum posted or obvious speed limit on a freeway, or in excess of 20 MPH over the posted or obvious speed limit on any other roadway or highway in a manner that is considered reckless while driving under the influence of drugs or alcohol with a BAC of .08% or more for adults 21 years and over, and a BAC of .01% or more for drivers under the legal drinking age, will be sentenced to an additional 60 consecutive days in a county or city detention center.
• If a suspended sentence or a probationary period is granted by the court, it is 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.
• If a Reckless while Driving Under the Influence violation is the person’s first 23103 offense, the defendant will be ordered to enroll in and satisfactorily complete a court approved drug or alcohol counseling and educational program.
• These additional penalties and sentencing terms above will only apply if the indicated speed limit was exceeded by the established limits for roadways and freeways, and while driving under the influence of a drug, or driving with a bac of .08% or higher which caused impairment of their driving abilities.