Abolish Drunk Driving Laws?

Radley Balko proposes the abolition of drunk driving laws and replacing them with stricter reckless driving laws.

Hmmm.

In some ways, I agree tentatively. It's true that it's the impairment rather than the drinking by itself that causes the problem. Also true is the fact that a blood alcohol level as a determinant of impairment may be inaccurate. Some people can just drink more and some people can drink profoundly less.

That said, I'd prefer that police have an incentive to try to produce evidence of reckless driving. I'd rather someone go to jail because of an arbitrary BAC rather than because of a subjective decision made by a police officer. For that reason, I'd argue that the laws stay on the books.