Comment by Doxin
1 day ago
"Mens rea" is generally a lower bar than what "intent" means in common usage. Mens rea is refers to the intent to take a specific action. Intent in common usage refers to the intent to cause a specific outcome.
For drunk driving there definitely is mens rea. A drunk driver did intend to get in their car to drive. Whether or not they intended to create grave risk to life is up for debate.
Getting into your car and driving while you're drunk IS creating grave risk to life.
I can't go shooting cans in my backyard and pretend I'm not risking my neighbors lives.