I'm glad you are okay, as well as your passenger. As far as the legal limit thing goes, I believe that only applies in cases where there is no incident, such as being pulled over for speeding, malfunctioning tail-light, etc. If you are in an accident,
anything can be a contributing factor: one drink five hours ago, NyQuil, adjusting the radio or just driving tired.
I think that driving under the influence and distracted driving in general are not treated seriously enough by the courts and folks that don't learn their lesson and repeat making bad decisions need to have much more serious consequences to keep them from killing innocent people.
@SIMONGUEY this is probably the best outcome you could've had that involved an accident and the fact that you are owning it in public is outstanding. Hopefully your story will make an impact on another driver before they get into a similar situation.