Good intentions, bad method of achieving it. At this point, you're punishing people for potential crimes, a very dangerous line of reasoning. You might as well prosecute anyone who fires a gun for manslaughter. After all, that could have ricocheted and hit somebody. Whether it did or didn't is irrelevant, this man must go to jail.
Fact: Drunk driving laws don't stop people from driving drunk; common sense does. Regardless of the laws on the books, stupid people are going to do stupid things, so the best course of action is to get people who haven't actually harmed anybody out of our already overcrowded prisons and cut down on the amount of our tax money that is wasted to prosecute a victimless crime.
Solution: Make the penalty stiffer for vehicular manslaughter committed while intoxicated, and leave innocent people alone.
Apples to oranges comparison. You have no right to trespass on someone's property without permission, therefore that's a crime. Drunk driving happens on public property, therefore by simply driving drunk you are infringing on no one's rights to life or property.
You're potentially putting people's lives at risk. Shooting a gun won't get you charged with manslaughter, but if you shoot one in public without a valid cause (self-defense), you will be arrested for unlawfully brandishing/discharging a firearm or reckless endangerment. Why? Because you're potentially going to hurt somebody with your recklessness. Same thing with driving drunk.
