The Motive force was underneath the influence: Evidence will have to present the driver was impaired, usually through a blood Alcoholic beverages focus (BAC) of 0.08% or increased or proof of drug impairment. Felony laws vary from condition to condition, as do criminal punishments, but felonies carry a significant penalty: https://dui-lawyers.usattorneys.com/prison-quotas-put-states-on-the-hook-for-millions/