It’s about perception. I specifically listed illegal acts as I feel these are instances that could be more dangerous to other drivers than if I someone had 3 beers for example.
Again, perception and what people want to deem as being more dangerous.
It does not matter though. You know an act is illegal ahead of time. If you choose to participate in that act, you are aware of the consequences and accept the fact that even if you are “fine to drive”, if you are caught, you deal with and accept those consequences knowing full out that you broke the law.
Bottom-line, driving with a .08 or greater is against the law, and therefore if you are near that number, you should not be driving. If you do and get caught, too bad, it’s your fault for making that choice.