The Driving force was under the influence: Evidence should show the driver was impaired, commonly via a blood Alcoholic beverages focus (BAC) of 0.08% or increased or evidence of drug impairment. Criminal regulations vary from point out to point out, as do criminal punishments, but felonies have a hefty penalty: https://dui-lawyers.usattorneys.com/fatal-dui-crash-sends-utah-man-to-15-years-to-life-in-prison/