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One normal-sized drink over dinner or two sipped slowly over the course of a few hours, although fine in many people's minds, is playing with fire. The push now is for zero tolerance, and for first offenders there is a fine, possible jail time and a suspension of license for up to a year in some places, and I'm sorry to you who are whining about the penalties being too harsh but I agree with them.
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How hard is it to call a cab?
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You're not looking out for the folks. You're all about hefty fines and jail time for something that is LEGAL TO DO. There are regular folks out there that can't afford to call cabs every day to take them from work to the bar. These people work for a living and go to the bar to have a few drinks. They aren't sloppy, they don't know they're breaking the law, and they sure as hell don't intend to hurt anyone.
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D&D'ing is a misdemeanor because it involved an ingested substance that impaires your reaction time and judgement, whereas cell phone distraction and eating while driving do not chemically impaire your judgement. If that were a valid argument then talking to a passenger while driving or changing the radio station while driving would also have to be included.
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As I said in another post, it doesn't matter what causes someone to get killed, a person still died. Just because it isn't chemicals doesn't make it right. Your arguement is invalid. If it causes accidents, it is dangerous.