You might as well. By your standard, when I go to the local watering hole, have a couple of black and tans and drive home I’d be a criminal.
In New York, you already are. 2 pints can put you over the 0.05 limit.
People don't realize how little it takes to hit that limit so they drive and get nailed at the checkpoints. Making the limit 0 would make people know not to drink at all before driving. This is the defacto law anyway.