Likely an unpopular view, but it is the same for DUI, which is a victimless crime, and therefore is not really a crime at all.

People are detained and prosecuted not for harm they have caused, but for harm they *might* cause, based upon an arbitrary one-size-fits-all BAC standard.

If one causes an automobile accident that harm others, then intoxication is absolutely a relevant factor in determining negligence, but allowing the State to criminalize the contents of one's blood is neither wise nor moral.