The Driver was underneath the impact: Evidence should demonstrate the driving force was impaired, generally by way of a blood Alcoholic beverages focus (BAC) of 0.08% or higher or proof of drug impairment. Prison rules differ from state to condition, as do legal punishments, but felonies have a major penalty: https://dui-lawyers.usattorneys.com/drunk-driving-in-new-york-its-worse-than-you-thought/