I know the MADD crowd loves to demonize drinkers (I think they're all prohibitionists) but I doubt most people get in the car intending to kill someone. Who's to say that even if the driver had not been drinking, that the same accident wouldn't have happened anyways?

In fact, there's a case on this on my state right now. There was a fatal accident where one of the drivers was subsequently tested and found to be DUI (with a .09 or something else ridiculous) and is now being charged with felony DUI with serious bodily injury or death. HOWEVER, the traffic cameras show that the driver who was killed was texting on her phone, not paying attention, and crossed into oncoming traffic where she ran head on to the driver who was later found to be "DUI." The Defense is arguing that the dead driver caused the accident in the first place, and I think they're right.