Like running over someone?
That would be a valid indicator. So would weaving across lanes, hanging out the window ranting inanely about the horrors of libertarianism, driving over curbs, rolling through stop signs, etc.
You know, things drunk people do.
That would be a valid indicator.
So absent a "valid indicator", such as running over someone, he should be able to drive on our public streets as drunk as wants.
You could use that POV to fertilize the garden.