How much bad is fair though? There are constitutional protections against "cruel and unusual punishment".

Its obviously cruel and unusual to execute those guilty of DUI. But what should the penalty be? Jail? How long? Monetary? How much? Confiscation of vehicle(s)? Some 3rd party company-owned device? What terms? What is reasonable and what is excessive? We also must keep in mind that our society constructed this to be a vehicle nation, with poor to non-existent public transit.

Should the punishment depend on how poor or rich you are? Pro-tip: it already does.