Maybe they're drunk. Or texting. Or putting on makeup. Or eating. Or tired. Or on prescription (or over-the-counter) medication. Or they're just an uncoordinated dumbass who has no business behind the wheel in the first place.
Regardless, the problem is driving like an idiot, not "Driving While ________."
Meanwhile, "Driving While ________" laws keep hacking away at branches and ignoring the root, while simultaneously ignoring the one law that will never be repealed, which is the Law of Unintended Consequences, as Ben Swenson so deftly points out (regarding Indiana's shiny new "Driving-While-Texting" law):
I think this law is going to have the effect of being more distracting for drivers. Let's face it, some folks are going to break this law. Rather than holding their phone up by the steering wheel where they can easily glance at it as they drive, they're going to hold it down by their crotch and try to hide it. That means they're going to be even less likely to see something happening ahead of or around them, and be even more likely to drive unsafely. I'd like the first person injured by a distracted driver to sue the state legislature for passing this law.You know, if there's no harm, then there should be no foul.