The driver was under the impact: Proof should present the motive force was impaired, usually by way of a blood alcohol focus (BAC) of 0.08% or increased or proof of drug impairment. Prison regulations vary from state to point out, as do felony punishments, but felonies have a major penalty: https://dui-lawyers.usattorneys.com/cocky-fraudster-tries-to-bribe-central-florida-officer-during-dui-arrest/