Yeah I could agree with that. They are making the conscious decision to drive to the bar and then to start drinking. But there's also probably many times where they start drinking with the "I'll get cab home" mentality and then when they're drunk they decide that they can drive.
The latter would fit into a very stupid stupid mistake. But I agree with your general idea.
Honestly, just like with negligence, the outcomes will unfortunately always play a part in the legal consequence.
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