The driving force was underneath the influence: Proof should present the driving force was impaired, usually by way of a blood alcohol focus (BAC) of 0.08% or higher or evidence of drug impairment. Felony guidelines vary from state to condition, as do criminal punishments, but felonies carry a heavy penalty: https://dui-lawyers.usattorneys.com/former-firefighter-appears-in-court-for-hit-and-run-dui-accident/