You're talking reckless in the legal sense, I presume. *That's* what's wrong with the DUI laws. Attitude should not be a crime, but bad (or erratic) driving should be. I don't care *why* a person's driving is bad, only that it *is* bad. Penalties should be based on the driving, not based on *why* a person is driving the way he is. People driving without enough sleep are a far greater danger and cause significantly more wrecks than people with a 0.08 blood level. Same goes for teenagers and old people. Neither us driving at 0.08 would be as big a danger as a 0.00 17-year-old or an 85-year-old would be. Notice when an old person has an accident, we actually excuse it *because* he's old rather than arresting him for being the danger that he is? Until we start punishing everyone equally, the law will be an ass. IMHO
Would you allow your teenage children to go out for the evening if you knew the driver of the car they were going to be riding in was a 25 year old driver with a blood alcohol content of .05?
If you knew everyone on the road had a .08 BAC, would you let your teenage children drive on the road with them?
Actually the .08 limit does exactly that. It punishes everyone equally for drinking a sufficient amount of alcohol to produce a BAC of .08 and then getting behind the wheel.
I can't think of a fairer way of adminstering justice.