Why not sue the police department for letting him on the road? Or maybe the car manufacturer for allowing the car to start with a drunk at the wheel. It never ends with bottom feeding lawyers.
Or maybe something's wrong with the system that allows 80,000 fans to get drunk at a baseball stadium and then says they can't drive home, legally...
The vender's goal is to sell as much alcohol as possible in the allotted time, before he loses the customer to drive away...
What, a person can't enjoy a ball game if he's sober???