And why the hell should intent matter? It's the outcome that is relevant. My grandfather was killed by a perpetual drunk driver. I don't give a shit what his intent was, he obviously had no regard for the safety of the innocents he was putting at risk. He deserves to rot in prison.
repeat offenses should be factored in to sentencing and charges just as much as intent. regardless of your particular situation, our legal system (and most) have the concept of intent built in (manslaughter vs murder, etc.)