That's an interesting point. Frankly, I don't think we should punish DUI drivers if their only infraction is the DUI. Obviously, if they were driving wreaklessly then that is illegal, but I don't like the concept of charging someone for a crime because it COULD have lead to something worse. I think we should just impose extremely harsh penalties if it DOES lead to something worse. Usually, that "something worse" also has worse penalties. People should have the freedom to determine if they are impaired but also not be shielded from the responsibility freedom requires.