Do You Feel Lucky?

Here’s a thought experiment. After a night of insobriety, Person A is drunk driving home from the bar, and makes it home safely. Person B has a similar experience and is also driving home drunk, but hits someone on the way home. They both arrive home. How should you (or society) deal with them?

Well, most likely they will both be prosecuted for drunk driving, but Person B will also be charged with some form of assault. Seems to make sense.

But wait — Person A and Person B both engaged in the same activities and made the same choices. Why is it that Person B is being…