The driving force was under the affect: Evidence have to exhibit the motive force was impaired, generally through a blood alcohol concentration (BAC) of 0.08% or better or evidence of drug impairment. Criminal guidelines vary from point out to state, as do criminal punishments, but felonies have a weighty penalty: https://dui-lawyers.usattorneys.com/arkansas-law-enforcement-launches-fourth-of-july-dwi-crackdown/