Unless you cause a accident, then you can get attempted murder, or murder (depending on the outcome).

Then people will say: "Oh, but the driver had no intention to murder someone." here the most common argument from the judge is: "someone that knows that driving under influence is dangerous and do it anyway, is taking full responsability for the fact that it might accidentally kill someone, thus it is not accidental, since the person is on purpose gambling away with other people lives."

TL;DR Breathalyzers are based on dubious science, system is unfairly tilted in favor of conviction. Guilt is presumed & punishment issued even before trial.

I cannot tolerate anyone who would plow around our roads in a 2,000 pound bullet and either be drunk or looking at their phone.

Are we going to argue that you're a murder if you drink to excess while your keys are still in your pocket? Because that's when the decision was made, not when you get in your car drunk. At that point, its not you making the decision.

Well, no. Turns out that alcohol's effect on behavior is strongly dependent on culture and/or expectations:

http://www.sirc.org/publik/drinking3.html#_VPID_5