It should. But most drunks who get behind the wheel know they're drunk, it is intentional. Get's messy though.
If I can find a link from a local paper, I'll post it, but I doubt I will.
A year or so I read of an incident where an individual with multiple DUIs and a suspended license was driving on a state highway, in Wisconsin.
Two unrelated witness' to the accident. He wasn't speeding, he had been drinking though possibly not legally drund, in the .06 to .1 area.
A car driven by a teenager ran a stop sign, he hit the car, one of the two or three teens in the car died. The teen driver wasn't high, just careless.
He was charged with manslaughter. I don't know how the case turned out. If he wasn't driving illegally, or the teen stopped at a stop sign, a life would have been saved.
He had no license, he should never have been behind the wheel.
The kid should never have died.
Manslaughter?
Sometimes I'm glad I'm not a Judge.
I have no sympathy for repeat offenders and I have known a few.
I have known two co-workers who lost there high paying jobs because of there inability to stop drinking and drinking and driving.
One of them had had several OWI offences but had never been in an accident.
His entire social network revolved around bars and booze. He could not admit that he had a problem.
It is sad. He was very good at his job, but you can’t take a chance with someone like that where safety of the public is concerned.
Had that man you mentioned not had a suspended license and been a repeat offender I would have sympathized with his plight.
Other than he was marginally above or below the legal intoxication limit he was not at fault. Yet he would be legally responsible in many states because he had been drinking. To me that is unjust.