The driving force was under the impact: Proof will have to present the motive force was impaired, commonly via a blood Liquor focus (BAC) of 0.08% or greater or proof of drug impairment. Felony regulations vary from state to condition, as do criminal punishments, but felonies have a major penalty: https://dui-lawyers.usattorneys.com/cyclist-dead-in-drunken-driving-related-crash/