The motive force was under the affect: Proof will have to present the motive force was impaired, ordinarily via a blood alcohol focus (BAC) of 0.08% or larger or evidence of drug impairment. Legal regulations differ from condition to condition, as do prison punishments, but felonies carry a heavy penalty: https://dui-lawyers.usattorneys.com/wisconsin-lawmakers-seek-to-make-owi-laws-harder-on-repeat-offenders/