Does a multiple-victim enhancement to the crime of impaired driving constitute a completed offence?

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 drunk driving. (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 [multiple-victim enhancement to an offense does not alter definition of what constitutes a completed offense].) More to the point, the enhancement--like the third element of the crime of DUI causing injury--deals 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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