Thanks for the clarification, Osgood. I find Libertarians, myself included apparently, are prone to falling into a trap of over-aggregating the state. You’re right that drunk driving is in a sense doubly illegal. It’s prohibited by the arm of the state that manages roadways and licensing, and then criminalized by the arm of the state that writes and enforces criminal law. If we want to seek a next-to-best solution by assuming the state to be the legitimate owner of the roads, it should only have the power to enforce a prohibition against drunk driving consistent with what a private owner would have.
It’s a distinction with a difference, but within the faulty context of statism, the end results might be the same, and so I’d still be hesitant to allow the state leeway to enforce the rule.