The motive force was beneath the affect: Proof will have to show the driver was impaired, usually through a blood Liquor concentration (BAC) of 0.08% or bigger or evidence of drug impairment. Criminal legal guidelines vary from state to condition, as do prison punishments, but felonies have a large penalty: https://dui-lawyers.usattorneys.com/dont-let-that-designated-driver-take-the-wheel-they-could-be-drunk/