The driver was underneath the influence: Proof ought to demonstrate the motive force was impaired, generally via a blood Alcoholic beverages concentration (BAC) of 0.08% or higher or proof of drug impairment. Legal guidelines vary from condition to point out, as do legal punishments, but felonies have a heavy penalty: https://dui-lawyers.usattorneys.com/civil-forfeitures-for-new-mexico-dwi-under-fire/