The driver was under the affect: Evidence ought to present the motive force was impaired, usually via a blood Alcoholic beverages concentration (BAC) of 0.08% or greater or proof of drug impairment. Legal laws vary from condition to point out, as do felony punishments, but felonies have a significant penalty: https://dui-lawyers.usattorneys.com/illinois-grim-reaper-gets-13-years-for-repeat-dui-offenses/