The Motive force was beneath the influence: Evidence have to show the motive force was impaired, typically via a blood Liquor focus (BAC) of 0.08% or higher or proof of drug impairment. Legal laws vary from point out to state, as do legal punishments, but felonies carry a hefty penalty: https://dui-lawyers.usattorneys.com/can-i-get-a-dui-if-im-not-actually-driving/