Yeah I don’t buy it. I suspect most DUI cases were conscious decisions made while sober. You don’t accidentally drive to a bar. You go there with plans to drink knowing full well you plan to drive back drunk.

If you go out to drink, you don’t bring your car. If you know you need to drive later, you don’t drink.

They might be drunk when they are driving, but they very much put themselves into a situation where it was the likely outcome while sober.