I suppose you really have to look it at the way the general public does. A glass with a brownish-yellowy liquid in it that has a head and smells hoppy or yeasty or beery... will be seen as beer irrespective of how it is classified. Least concerned is a drunk person, for whom any drink will do.
It still doesn't get away from the issue -- that drinking alcohol will raise the blood-alcohol content of an individual. Full stop.