I'm not sure just how you legislate common sense, but such things as driving after drinking substantial amounts of alcohol, texting while driving, reading the newspaper, driving after smoking pot, driving after having taken a sleeping pill, or any other thing that makes you a menace to public safety is simply not common sense.
It would be pretty hard to make a definitive list of what you can't do while driving a car and not leave anything out.
There are a lot of things that are illegal simply because they jeopardize public safety. Can you burn leaves when the surrounding woods are dry as dust? Is it legal to shoot off bottle rockets in the middle of town?
Driving under the influence, just like anything else that makes a person a danger to others, is and should be illegal, so you don't need to take your Tums just now.
As for laws that are designed to save us from ourselves, I'm not sure how those could be justified, so long as we aren't putting others at risk.
