What the heck are you talking about? Governments, and the people governed, continually evaluate the risk generated by certain actions, and enforces against them accordingly. Someone going 10mph over the speed limit gets a ticket for, say, $60. Someone going 50mph over the speed limit is gonna get spanked, because they present a much greater hazard to other drivers than the guy going 10mph over the speed limit. Likewise with a DUI - a drunk driver presents a very clear hazard to other drivers, and is spanked whether or not he caused an accident.
But what the heck does that have to do with the issue? The cop pulled the guy over for going 12mph over the speed limit. I got pulled over in Montana in January for going 15mph over the speed limit, and I got a warning. I was wrong, I was contrite and polite, and the cop let me off. I have had maybe one bullsh** ticket in my entire life, and even then it wasn't a big deal. Most of the time, the cops have given me a break.