I'm not sure this logic works. It has to do with the severity of the "crime." If a person is stupid enough to drive while intoxicated, that should be punishable by virtue of what could happen and a deterrent to other drunk drivers. And if you are unlucky enough to hit someone, that should be punishable to the utmost. So you end up paying a price for being drunk, to begin with, and for killing or injuring another human.