The Driving force was under the influence: Proof should show the driver was impaired, commonly by way of a blood Liquor focus (BAC) of 0.08% or better or evidence of drug impairment. Criminal laws vary from point out to state, as do criminal punishments, but felonies carry a major penalty: https://dui-lawyers.usattorneys.com/survey-shows-people-are-more-aware-of-the-dangers-of-drunk-driving/