The vast majority of people out driving after 10 PM are coming from bars and restaurants. If you don't believe me, cruise your city late at night. The malls are closed. The church parking lots are empty. The librarian went home hours ago and the offices are dark. Where do you find cars? In the parking lots of taverns, bars, restaurants that serve alcohol, beer gardens, lounges, and night clubs.
If drinking and driving were the problem that you suggest, there wouldn't be very many of us still alive or walking.
I suggest we go back to the old standard of .15 and make the penalties severe. The .08 driver is not the problem. Why subject him (or her) to financial ruin for driving home on the wrong road?
I agree with you on that.