Can a defendant be found guilty of driving under the influence of alcohol or drugs for a violation of Vehicle Code section 23153?

People v. Minor (1994) 28 Cal.App.4th 431, 33 Cal.Rptr.2d 641 ( Minor ), cited by defendant, is also distinguishable. In that case, the court held that where the prosecution alleges a violation of Vehicle Code section 23153 (driving under the influence of alcohol or drugs causing injury) based on the commission of an unlawful predicate act, the jury must be instructed on the elements of the alleged unlawful act.³ ( Id . at p. 438, 33 Cal.Rptr.2d 641.) The court expressly observed that the prosecution case was based on the defendant's violation of specific Vehicle Code sections, "not on a negligence theory." (Ibid.) In so stating, the court implicitly recognized that a conviction could be based on evidence of a "neglect of duty in addition to driving under the influence." ( Ibid . ) Nothing in Minor suggests that driving in a grossly negligent manner would not satisfy that element.