The motive force was under the influence: Evidence must demonstrate the motive force was impaired, normally by way of a blood Liquor concentration (BAC) of 0.08% or higher or evidence of drug impairment. Legal regulations differ from state to state, as do legal punishments, but felonies carry a heavy penalty: https://dui-lawyers.usattorneys.com/drugged-driving-on-the-rise-while-drunk-driving-declines/