What is the test for a driver convicted of gross vehicular manslaughter while intoxicated?

Conviction for gross vehicular manslaughter while intoxicated requires the killing of another while driving under the influence and with gross negligence. ( 191.5, subd. (a).) Defendant pled no contest to the offense, which admits every element of the charge. (See People v. Wallace (2004) 33 Cal.4th 738, 749.) Thus defendant cannot now claim that he was not under the influence when he drove. While defendant may have switched his drug of choice from alcohol to marijuana, he nonetheless drove while under the influence--the same conduct as his prior conviction. Defendant's contention that the absence of alcohol in his system shows "that he apparently had learned a

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