No it isn't. You don't know my intent when I point a gun at your face and pull the trigger. Maybe I just meant to demonstrate my shiny handgun to you. If the bullet doesn't hit you, then by the logic of the legalize drunk driving crowd no crime was comitted because nobody got hurt.
Of course this is rediculous, and it's the very reason why criminal negligence is not tolerated in American society. And it's exactly the same concept when an intoxicated person operates a motor vehicle on the public roads. It is an exhibition of criminally negligent behavior.
And if that's not convincing enough, for all you libertarian fanatics there is the fact that the a driver's license is a voluntary contract. The person receiving the license agrees to not violate the rules of the road, and they're even tested on their knowledge of those rules which always include a question or two regarding legal blood-alcohol limits. If some drunk doesn't like those restrictions then they are perfectly free to not drive.