Whilst being very anti driving under the influence of drink or drugs there is a difference between those who drink and drive the same day/night and those over the limit after say 6hrs sleep. Not condoning either but one always seems way more deliberate to me.
Some people would try to rationalise the driving on the night by saying the drink affected their judgement, it was late at night, the roads were quiet, there was no public transport, perhaps a plan fell to pieces (e.g. wallet lost, fell out with lift home, or missed the last bus)…
…now compare that to driving the next day: in rush hour, when public transport is available, and you are presumably thinking straight enough to go to work…
Are you sure the culpability is less?