I'm sorry, I should have been clear. The 'certainty of punishment' bit should be understood as a probability. The gist of it is that a person considering criminal behavior isn't worried about the severity of the punishment `S` in isolation, but also the likelihood (read: 'certainty') `C` thereof. Simplistically the deterrence model is `C*S`. An extremely severe punishment (execution!) with zero or effectively zero chance of getting caught provides no deterrence. There's more to it - for example doubling severity does not double deterrence in general - but that's the gist of it.
My little thought experiment supposes a person who is drunk evaluates, before deciding to get in the car, the potential outcomes of drunk drive, while entirely convinced they won't harm someone. (I suspect most drunk drives are entirely convinced they won't harm someone, although it is obvious to anybody else there is at least a _chance_ they will.) Today, getting caught with whatever nonzero probability results in a punishment of some severity. By the model we're assuming above, this produces a nonzero amount of deterrence. If we shift away from punishing drunk drivers, the severity drops to zero. If a drunk's options are to call for a ride from the bar or try to drive home, and getting caught at the latter only mean they'll have to call for a ride from some location between the bar and home, driving is the rational choice after all, _so long as they are convinced they won't hurt anybody_.
I was being too circumspect.
The point of my scenario is to highlight that decriminalizing drunk driving will likely increase the amount of drunk driving, at least among the population of drunk drivers who are overconfident in their abilities. That in turn will increase the danger drunk drivers present to the rest of us.
I gather you think reaction is morally preferable to prevention in such cases. Is that a fair assertion? In general, I bet we agree there is some amount of risk to myself that I must tolerate to afford others their freedoms, and have just landed at different risk tolerances. I try to take need into account when drawing my line in the sand. "Does anybody _need_ to drive drunk?". Since it's a situation drunk drivers make for themselves I'm happy to punish it. How do you draw your line?