What is the test for a motor vehicle accident under section 23153 of the California Highway Traffic Code?

either subdivision (a) or (b) of section 23153, the prosecution must prove beyond a reasonable doubt that while the defendant drove, he or she also either committed an illegal act or neglected to perform a legal duty, which proximately caused bodily injury to a second person. "This element [of an unlawful act or neglect of a legal duty] is separate from and is not satisfied by evidence that the defendant was under the influence of alcohol while operating the vehicle. [Citation.] The evidence must establish an unlawful act or omission in addition to driving under the influence of alcohol." (People v. Oyaas (1985) 173 Cal.App.3d 663, 667-668.)