Meza

The People appeal from an order pursuant to Penal Code section 1387 1 dismissing an amended information which alleged respondent committed two counts of driving under the influence of alcohol causing injury and suffered a prior felony conviction for which he served a separate *364 prison term. (Veh. Code, § 23153, subds. (a) & (b) 2 ; Pen. Code, § 667.5, subd. (b).) The People contend: “The trial court erred in granting the motion to dismiss since [Penal Code] section 1387 does not bar the instant action.”

The preliminary hearing transcript established that at about 1:51 a.m. on July 20, 1988, John Pilgreen (Pilgreen) reported that respondent was one of two persons who had stolen his car from an Alhambra parking lot. Respondent drove away in Pilgreen’s car. A few minutes later and about a mile away, Pilgreen’s car collided with an Alhambra police vehicle injuring a police officer. Respondent was taken to a hospital, where a sample of his blood was taken. A blood-alcohol analysis dated July 28, 1988, reflected that respondent’s blood-alcohol level was .16 percent.

A felony complaint filed in case No. A577236 alleged that respondent and the codefendant Contreras committed…