What I object to is the fact if he wasn't drinking, it'll likely be excused. But if he had drank even 1/2 of a 12 ounce beer, he would be guilty of a hit and run. As so many have pointed out, it's perfectly possible for a sober man to hit a human in dark clothing and not know it. Even at 30 or forty MPH in town, I've almost not seen idiots in dark clothing at night walking along the road, until it was almost too late. People think they own the road when they are pedestrians.