I suppose you are arguing that the amount of diminished capacity involved exists in the mind. That is fine, but the amount of alcohol in the blood needed to meet the legal minimums is so high it guarantees diminished capacity.
So I have no problem beating the living hell out of someone who operates with such depraved indifference to others that they would be willing to drive in that state. I really don't want to wait until they kill someone.
No, I'm arguing that you haven't done anything.
When you actually do something, a rope and the nearest tree is good enough for me.
They don't actually string anybody up when the person kills or maims someone while drunk. This is the problem.
It's kind of like the lawyer problem. They stopped dueling in this country when they realized that they'd lose a lot of mouthy lawyers.