The driving force was underneath the influence: Evidence have to show the driving force was impaired, ordinarily through a blood alcohol focus (BAC) of 0.08% or larger or evidence of drug impairment. Criminal legal guidelines differ from state to state, as do criminal punishments, but felonies carry a hefty penalty: https://dui-lawyers.usattorneys.com/d-c-villain-the-joker-gets-busted-for-drinking-and-driving-in-maine/