OK, here is a contrived scenario to illustrate the flaw in DUI laws.
Imagine I am a woman. That's right, the most stunning beauty on the planet.
Being a bit of a hussy, I go to a guy's house for "a" drink. He spikes my martini and acts prematurely. I'm feeling the drug and alcohol seriously, but not to the point I am incapacitated. As he tries to climb atop my luscious self, I nail him in the nuts and escape. I get in my car and drive away, seeking safety. When I am pulled over, my overt state of drunkenness is well observed. I tell my story but, being the ruthless sub-human dick that he is, the cop decides I'm spinning yarns to get away with DUI. He runs me in, tests me, and I hit 0.1 (It was a generous martini).
Should I be charged? Would I be?
DUI laws are shit. They are shit because the are the way of the lazy coward who neither wishes to do the work required to make a sound judgment on each case nor has the courage to be held accountable.