What are the factors used to determine whether a defendant acted with implied malice in a motor vehicle accident?

(1) was driving while legally intoxicated; (2) knew that he or she would be driving after becoming intoxicated; (3) engaged in highly dangerous driving; and (4) was aware of the hazards of driving while intoxicated. (See People v. Talamantes (1992) 11 Cal.App.4th 968, 973.) These factors are merely directive. The determination whether a defendant acted with implied malice must be made on a case-by-case basis. (See People v. Olivas (1985) 172 Cal.App.3d 984, 988-989.)