The motive force was under the affect: Evidence must show the driver was impaired, ordinarily through a blood Alcoholic beverages concentration (BAC) of 0.08% or better or evidence of drug impairment. Felony rules vary from point out to point out, as do criminal punishments, but felonies have a large penalty: https://dui-lawyers.usattorneys.com/man-that-kidnapped-own-kids-in-custody-for-bond-terms-violation/