The motive force was underneath the affect: Evidence have to display the motive force was impaired, typically via a blood Liquor concentration (BAC) of 0.08% or greater or evidence of drug impairment. Felony legal guidelines vary from state to state, as do criminal punishments, but felonies carry a weighty penalty: https://dui-lawyers.usattorneys.com/florida-man-charged-for-fatal-dui-and-fleeing-the-scene-how-many-people-are-killed-by-drunk-drivers-on-an-annual-basis/