>In a dui like this one, where his actual guilt is not in question, but only intent, then like you, I think previous actions matter a whole lot.

In the old joke, two judges got drunk, and were found fighting in a ditch, muddy all over. The president of the court (or whatever he's called in other jurisdictions) decided to punish them by forcing them to try each other.

Judge A sentences judge B to two days jail and paroles him immediately, on behalf of his social good deeds etc etc.

Judge B sentences judge A to three months incarceration.

A: But why, yer onner, another case just like this was sentenced much milder this morning!

B: Exactly the reason: the phenomenon is spreading like wildfire, this is the second time in just one day! It must be stopped!