Sad thing is the common person probably would be fucked even though he was below the legal limit.

DUI laws are fucked up, they're a product of the alcohol abolitionist movement, MADD, masquerading as a public safety organization. Drinking just two beers can land you a DUI even though driving tired is a more serious impediment.

Alcoholics in particular are especially vulnerable to these laws, as they require alcohol in their blood stream just to not get sick and possibly die.

I'm not saying it should be right to get smashed and drunkenly drive 100 miles down the wrong side of the road, but the majority of DUIs are not from driving dangerously, they're from failing a breathalyzer that even the creator of didn't think was all that accurate.