Does a multiple-victim enhancement to a driving under the influence charge apply to a single victim?

California, United States of America


The following excerpt is from People v. Walker, 180 Cal.Rptr.3d 700, 231 Cal.App.4th 1270 (Cal. App. 2014):

Defendant resists this conclusion, and points out that Vehicle Code section 23558 requires victims to be named. That section authorizes the imposition of additional prison time for each additional victim (up to three) injured by the driving under the influence. ( Veh.Code, 23558 .) But it is a penalty provision; it does not alter the definition of the underlying crime it enhances. (See People v. Valenzuela (1995) 40 Cal.App.4th 358, 361 [46 Cal.Rptr.2d 715] [multiple-victim enhancement to an offense does not alter definition of what constitutes a completed offense].) More to the point, the enhancementlike the third element of the crime of DUI causing injurydeals with the result of a defendant's conduct, not the conduct itself . Because, as we note above, the court's power to impose restitution turns on the relationship between the loss and the defendant's criminal conduct, the enhancement is irrelevant to the question before us.

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