Bohlen

Defendant Dawn Kay Bohlen appeals from the judgment (order granting probation) entered upon her plea of no contest to charges that she drove a motor vehicle when she was so under the influence that her blood-alcohol content exceeded 0.20 percent and while so doing she committed an unlawful act that resulted in injury to another. (Veh. Code, § 23153, subds. (a) and (b), § 23206.1.) She contends:

We frequently have rejected such a contention when presented under similar factual circumstances. However, since we regarded its resolution as clear, we have not published our decisions. In the hope of breaking this cycle, we will do so here.

Though in view of appellant’s plea, the facts underlying the instant charges were not established by trial, the record indicates that at approximately 2 a.m., while driving under the influence of alcohol or drugs, she ran a red light and struck a motorcyclist, injuring him to such an extent it was necessary to amputate one of his legs. Three-quarters of an hour later her blood-alcohol content still ranged between 0.24 and 0.29 percent.

Apparently because of the alternative penalties provided for such conduct, the Long Beach City Prosecutor…