Or premeditated to commit a crime. By this logic, premedition to commit murder would not be a crime. Hell you could even declare it publicly, because free speech right? This is a line of logic that only a fundamentalist could buy.
Discussion
The logic doesn't transfer from the one to the other. You're talking about conditions with an increased probability of something bad happening vs actively pursuing a course of action, that uninterrupted, will result in harm because that is your intended objective.
So I can endanger the public as long as it is from gross negligence and not willful premedition?
Also it is common knowledge that drinking and driving is dangerous, so the act of DUI is arguably intentional premedition.
The drunk driver is just trying to get home. He has no malicious intent.
Also a strict 0.08% BAC limit is very low and doesn't take into account body weight or metabolism.
Every night there are thousands of drivers on the road with around a 0.15% BAC who make it to where they're going.
Premeditation requires the court prove intent. If their intent was to drive home without killing someone then it's not a crime lol