From [1]:
> It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea).
[1] https://www.britannica.com/topic/criminal-law/The-elements-o...
For drunk driving there definitely is mens rea. A drunk driver did intend to get in their car to drive. Whether or not they intended to create grave risk to life is up for debate.
The usual split in levels of intent depend on jurisdiction but this is a good summary from Wikipedia on the (general) US system application of mens rea that is easy for me to paste, so:
Negligently: a "reasonable person" ought to be aware of a "substantial and unjustifiable risk" that is a "gross deviation" from a normal standard of care.
Recklessly: the actor "consciously disregards a substantial and unjustifiable risk" in "gross deviation" from a normal standard of care.
Knowingly: the actor is "practically certain" that his conduct will lead to the result, or is aware to a high probability that his conduct is of a prohibited nature, or is aware to a high probability that the attendant circumstances exist.
Purposefully: the actor consciously engages in conduct and "desires" the result. The Supreme Court has not found a large difference between purposeful and knowing conduct, not only in theory but also in application.
Drunk driving is reckless behaviour for anyone who knows what being drunk is.
I can't go shooting cans in my backyard and pretend I'm not risking my neighbors lives.
> Note that this allegedly vengeful former employee also risked public health and safety. By editing the menus to suggest that certain items were safe for people with peanut allergies when they weren’t, he risked people having life-threatening anaphylactic incidents. There is no allegation that anyone was actually harmed or injured, however, as Disney detected the alterations before menus could be sent out to restaurants
https://databreaches.net/2024/10/30/fbi-investigated-disney-...
Fewer than 1% of allergy incidents result in death, which can't be said for drunk driver crashes.
This would be programming a machine to print "non-alcoholic" on alcoholic beer in such an analogy about drunk drivers.