Yes, I agree thats what I think his point is, and having spent many years enforcing the legislation on drink drive,and arresting people for drunk I am fairly well up on th difference.
The question was also asked as to how this legislation arrived. Well now you have the answer.
However sober he was he has now been convicted of a criminal offence, he is serving a prison sentence as a result, as will in all probabilty anyone else caught doing the same.
As I said, people will have to learn to live with this law, I am not suggesting anyone should like it. There are ways of avoiding dropping yourself in it, and those I have suggested. Whether people take any notice is thier affair....