I’ve lived most of my life in a rural area.
For years I worked as a volunteer to pick up and drive folks home. It was a service that my boss liked having us do, because we could advertise his delivery business by showing off his drivers to potential customers.
So we would do pick up and ride. It was great. You keep folks off the roads, and everyone gets home safe.
I’ve driven countless folks home as a designated driver. It’s really not a big deal!
That was a smart boss!! And ideally, this business should take off and be very successful.
My point is simple. When a person makes a mistake (gets too drunk to drive); and tries to correct it before something bad happens (realizes he’s too drunk and pulls over and sleep it off) punishing him for his mistake is both counter-productive and stupid. There is no proof that he was drunk when he got behind the wheel, suspicion - not proof.
What lesson was taught? Next time take your chances. Odds are that you may make it home without incident. If you try to act responsible - you will be punished the same as if you were driving irresponibly.
If you want more of a behavior, you reward it. If you want less of a behavior, you punish it.
To get a DUI, you should be actively DRIVING. Not sleeping, not parked - but driving. Under the present rules, I could (if I drank) stagger to my car, start the engine to get the heater going (while I wait for my taxi to arrive) and get busted for DWI - without ever having intent of driving, or even engaging in the activity of driving.
The list of possible abuses of this ‘power’ are infinite. If only you had a stolen credit card, you ‘would’ have used it to buy merchandice. If only you had drugs, you ‘would’ have sold them. If only you had....