A conviction for driving under the influence of drugs or alcohol (Veh. Code, sec. 23152, subd. (a)) before Proposition 36’s effective date (7/1/01) and which was used, after 7/1/01, to revoke his earlier grant of probation was a “non-qualifying” Proposition 36 offense or probation violation. The gravamen of the offense is driving, and the conviction rendered Penal Code section 1210.1, subdivision (e)(3)(D) inapplicable.