I did a bit a of research and found a BAC calculator (http://dui.drivinglaws.org/calc.php) did and average man 180 pounds half an hour had 2 beers and the BAC was .0466 Under .05 BAC close but still under. so the arguement of having one beer and being over the limit is untrue i even did another calculation if you were 100 pounds and downed a beer in 6 mins your BAC would be .0433. Unless you have a source to prove that your argument is true. with your line of thinking to not punish a person because something might happen then we might as well legalize all drugs for recreational use because its unfair to punish a person for something that might happen. I might be a bit bias because of past experiences but that's my view on the subject.