The Driving force was beneath the influence: Proof need to show the driving force was impaired, normally via a blood alcohol focus (BAC) of 0.08% or greater or evidence of drug impairment. Prison guidelines differ from point out to state, as do felony punishments, but felonies have a weighty penalty: https://dui-lawyers.usattorneys.com/repeat-dwi-offenders-in-texas-face-tougher-penalties-after-new-law-passes/