The driver was underneath the influence: Proof have to clearly show the driver was impaired, ordinarily via a blood alcohol concentration (BAC) of 0.08% or increased or proof of drug impairment. Criminal legislation differ from point out to point out, as do felony punishments, but felonies carry a hefty penalty: https://dui-lawyers.usattorneys.com/new-jersey-dwi-should-i-agree-to-a-breathalyzer-test/