All 50 states in the US now apply two statutory offenses to driving under the influence of alcohol. The first offense is a DUI (driving under the influence). The second offense is "illegal per se", or driving with a Blood Alcohol Concentration of 0.08 or higher.
Brandon Blinson is a survivor from a head on collision involved in a drinking and driving accident. He said "Believe it or not, the law at the time was that if a person hits you while under the influence of alcohol and doesn't de-limb or kill you, his maximum sentence was two days in prison, or jail. After that it was just a matter of him paying a bunch of fines and getting out scotch free. I know that a lot of people have moved to get that changed."
Here is more on that story.