The Driver was under the influence: Evidence have to demonstrate the driving force was impaired, commonly by way of a blood Liquor concentration (BAC) of 0.08% or higher or evidence of drug impairment. Legal guidelines differ from condition to condition, as do prison punishments, but felonies carry a heavy penalty: https://dui-lawyers.usattorneys.com/alleged-drunken-driver-plows-into-crowd-at-sxsw-killing-two-and-injuring-dozens/