I dunno. I wouldn't be too worried about the penalty if that's the worst it could get. Think of the people who actually drive drunk without a second thought.I mean, not killing people and going to jail for five years is plenty to stop me.
Without looking I'd be comfortable betting large amounts that Americans kill far more people drunk driving. 35 years doesn't do shit aside from make sure they try to do a hit and run
I'm not sure what you mean by the last part. If anything, that decision is going to be the reason he's likely to die in jail.