The Drunk Drivers are 100% at Fault.
Unless you are a Nanny State Advocate and then you can excuse the Drunk Driver.
When they lower the limit to .03, it means you better not use mouthwash. You could be legally drunk.
In another look at it, people can no longer walk to the neighborhood bar to enjoy a drink and a smoke. This doesn't excuse them getting drunk and driving, but what used to be a skinned knee and a bump on the head for the walker is now a major traffic incident.
Unintended consequences of bad laws.