"2. Functioning poorly or incompetently: " . Isn't that the purpose behind the dozens of laws that cover driving that fit that definition? That covers it all, phones, cats, kids, friends, drugs, alcohol, etc. etc. If you want modifiers for especially egregious behavior like drinking then so be it but these stupid arbitrary numbers definitely seem to almost beg for people to "use responsibly" when the law pretty much defines it as "not at all". Ohh, I know that would require actually seeking out impaired drivers instead of randomly making examples of people regardless of their actual ability.