The Motive force was under the impact: Proof will have to demonstrate the driving force was impaired, typically via a blood Liquor focus (BAC) of 0.08% or higher or proof of drug impairment. Felony rules vary from condition to condition, as do felony punishments, but felonies have a heavy penalty: https://dui-lawyers.usattorneys.com/california-lawmakers-consider-extreme-drugged-driving-bill/