No, I disagree with that. The reason I disagree is that this person, first of all, has been educated on the consequences, so it's no surprise. They know this. If they're questioning the fact that they are close to the limit, there's no reason to be behind that wheel. It's no surprise.
There are consequences, and you have to make sure they understand that there are consequences. If they still choose to break the law, then they break the law and they have to pay for it, and if it's 30 days or two years, that's what it is.