You are misstating the view I was describing.

I did not say drunk driving was OK as long as it doesn't cause actual harm. I only said drunk driving should not be punishable by law if it doesn't cause actual harm. Not being punishable by law does not make it any less stupid or irresponsible.

I also did not say that there are no ways at all to address drunk driving that doesn't cause harm. For example, consider the following scenario: I'm a cop, and I see a car driving erratically. I turn on my lights and pull the car over. I am perfectly justified in doing that because the car is driving erratically.

I find out that the driver of the car is drunk. I tell the driver, "sir, why don't we leave your car parked here, off the road, and lock it, and I can call someone to come and pick you up?" If the driver protests, I put him in the back of my police car, make sure his car is safely parked and locked, and drive him to the police station--where I then call someone to come pick him up. No ticket, no citation, no fine--just getting him safely home and avoiding possible harm to anyone else.

Have I overstepped the boundaries that I have argued must be placed on what the government can do? Not at all. First of all, a cop is still a citizen, and any citizen has the right to try to stop someone from continuing obviously reckless and irresponsible behavior. Second, I didn't punish the person; he gets no fine, no jail time, no record of any offense. So the rule that nobody should be punished by law unless they cause actual harm has not been violated.

It is true that supporting the kind of regime I just described, in preference to what we have now, is an extremely minority view. But I think it's because people have simply failed to think through the implications.