The Driver was under the impact: Proof should show the driving force was impaired, normally by way of a blood alcohol focus (BAC) of 0.08% or greater or evidence of drug impairment. Felony guidelines vary from point out to condition, as do legal punishments, but felonies carry a hefty penalty: https://dui-lawyers.usattorneys.com/certain-driving-patterns-may-alert-police-that-a-driver-is-intoxicated-in-fort-myers/