Perhaps ‘science’ has overcome your intuitive faculties.
There were many homeless of diminished capacity on my street in DC when I worked there, and there are a few here in the suburbs now. You can generally spot when someone isn’t exactly acting ‘fully in charge of himself’- if you actually notice and care about people.
Are you advocating that this Keonte person should just be let off, and the case not investigated?
In most states (IIRC Utah is the exception) one is allowed to drive an automobile with a blood alcohol level of .07999999
Being in that condition is the textbook definition of not being "fully in charge of him/herself".
But luckily there's a blood test with which a prosecutor can measure the level of impairment.
In a case like this there's no blood test available.
What this guy did was almost certainly bad form...maybe even foolish.But not criminal.