It is not the death penalty for drinking and driving that is on the table, but the possibility of the offender being killed as a result of a confrontation with the police over the act of drinking and driving. Engendering innocent lives is a serious felony and I imagine most people would support the police stopping the car with tire slashes and confronting the offender in case of further resistance, even though he might be killed (which is not the objective, but a possible consequence).