The driver was under the impact: Evidence must exhibit the driving force was impaired, usually by way of a blood Alcoholic beverages concentration (BAC) of 0.08% or greater or evidence of drug impairment. Prison legislation vary from condition to state, as do felony punishments, but felonies carry a major penalty: https://dui-lawyers.usattorneys.com/54-year-old-man-from-rapid-city-charged-with-aggravated-eluding-and-dui/