Your question is a bit unclear, IMO.

If your question is kinda like "if a tree falls in a forest,and nobody's there to hear it" one, gnu - who would know or care what you do in your private moments in the woods, I suspect people will see your point?

But, if your question is "should a cop look the other way if he catches me in this situation", I suspect people would side with the cop and eforcement.

If your question is why should society care, I suspect, with people's attitudes towards alcohol today, the response would be be toticket you, and "where does one draw the line".