I was run down by a drunk, hit-and-run driver when I was 22. I have a moderate loss of function in my left lower leg. I have *ZERO* sympathy for drunk drivers.
However, having written that, I think this is overreaching. They aren't driving drunk, IMHO, until they put the key in the ignition. If TABC wants to nick them for public intox, fine.
I'd rather they follow them out to their cars and wait for them to stick the key in the ignition, though.
You make a good point about keys in ignition. In many states, you can be prosecuted for DUI if you are drunk and asleep in your car with your keys in your pocket.
Now, faced with a closed bar and a 10-mile drive, I'd rather see the person sleep it off, free from fear of arrest.
Otherwise, you've got a drunk trying to make a calculated decision: I might get arrested here and I might get arrested driving. At least I sleep in my own bed if I make it home.
People don't go to bars to buy groceries, they are there to drink alcohol; now, if we are to charge them with public intoxication we might need to rewrite the standards to clarify what constitutes being drunk so that we may all agree on why we shouldn't close bars.
I quit drinking many years ago but I don't like this idea of busting folks inside a private business. Btw, what about 'designated drivers' - (that puts a huge kink in that plan for folks who rely on it)