Lets not forget, the individual charged for drinking and driving only did so to try and save his friends life.
From the story I read (not from speculation) he was a passenger, saved a few lives, couldn't help the others so went to get help. Was he to stand there and say, I can't go for help because I was drinking and watch his friend die?
From the story he is a hero first. From the story......Drinking and driving had nothing to do with his friends death.