DUI causing injury is a necessarily included lesser offense of vehicular manslaughter while intoxicated, but carries a longer potential punishment. Where the necessarily included “lesser” offense carries a longer potential punishment, the trial court is not required to vacate it and instead may vacate the “greater” offense in order to impose punishment on the lesser offense. The Court of Appeal disagrees with People v. Binkerd (2007) 155 Cal.App.4th 1143 that allowing a trial court to sentence on the lesser included offense of DUI causing injury circumvents the Legislature’s scheme for punishing vehicular manslaughter.