That's fine. Let's all forgive drunk drivers, they just want to get home, no matter how much carnage they cause. It's a stupid phrase that enables all sorts of black stupidity.
Absence of malice doesn't absolve from responsibility. The mental model is still accurate in your example.
You've taken it a half-step too far, but yes; if you assume that drunk drivers are, in fact, not setting out to comment manslaughter, then you can see what causes it and push for taxis/uber and actually get people off the road. Or you can assume malice, demonize them and end up like MADD.