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Does it state one is convicted automatically, or automatically charged? There is no violation of 5th, only drinking too many 5th's.
As you pointed out, the law falls short. If one hit someone or hit a car with someone in it while one is driving drunk and the live, one should be charged with attempted murder.
If this is about intent as the shooting of a police officer, then it sets the guidelines for intent. If you willingly drink and then drive (also professional drunks are include, I have at least three in my family) then ones intent is clear because one has prior knowledge (signed document) and agreement of the potential of ones actions.
Cheers,
Andre
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