I can remember when this used to be a free country, but that speaks to my advanced age. The power that the state assumes over its citizens is outrageous. Driving infractions should be treated as driving infractions without regard for assumed causes. Talking on a phone, praying to your God, beating the kid in the backseat, and having an extra glass of wine at dinner— what difference does it make? If you can do one or all simultaneous with driving in a safe manner, it’s nobody’s business but yours.
It should be common practice that, unless there's an accident, you cannot be charged with DUI if you're over 50 because you've proven you can drive a car while you're drunk.
Agreed. However, if you are swerving all over the road while doing one or any combination of the above, a police officer might reasonably be expected to take notice.