@ehBeth,
Whatever you seem to be a person who is control by emotions to the point that logic or commonsense mean nothing at all to you.
Drinking and driving is bad at any BAC level and punishing someone for not driving is fine with you if a car is near by even with it engine is off and cool and the car is in park.
If there is an accidental death where a driver had a BAC of over .08 it does not matter if the driver or his conditions have any connection with the accident occurring he should still be found guilty of manslaughter and so on.
Must be interesting going through life and questioning nothing at all.