I really believe with all my heart that the invol. manslaughter sections usually filed in this state simply do not reflect the reality of the case. Someone who knowingly places themselves in a position to drink, become intoxicated, and then drive a car, that results in the death of another person, is something more than a simple uncontrollable series of events. The suspect makes a series of descisions, and engages in a series of willful activites. This does, IMHO, not necessarily rise to the level of premeditation, or malice of forethought, but it sure as heck isn't an accident. There is, in my opinion, an intent implied by the actions taken and decisions made.
I agree with what you are saying for sure, BUT as you say, it does not necessarily rise to the level of premediation, or malice or forethought. To quote shakespeare "Aye, theres the rub". Its a difficult task at best, trust me. It has to fall somewhere, and while we might not always agree that the punishment fit the crime, isn't part of the punishment going through the entire process, the stress, the ridicule, financial distress, etc.? Unfortunately, no correct answer exists, only the best what our legislators and society has decided. Luckily the law is a living entity and as the societal perceptions change, so can the law.
Clearly, they are not getting the message society is trying to send. After a jury of their peers decides guilt, You and your peers send the message. If, the behavior doesn't change, and they continue to ignore it, then society has a right to seperate themselves from people who don't seem to place the same value on human life that the rest of us do.
You are tasked with sending that message, too.
To the extent I personally can, I do. I am, like most judges, tied by the statutes and the prsecutors as to what the outcome of most cases will be. But in Nevada at least, repeat offenders do pay higher prices with third DUI being a felony. Arizona has a more intense statutory minimum penalties for those caught with higher alchohol levels in their blood than we do, however, we send those caught with higher blood levels to be evaluated before sentencing and additional penalties are typically added which enhance the minimums. I happen to like our system better because it affords us more flexibility,and hopefully works better towards education and reform.