What DUI?

Michael Phelps has committed sponsorship suicide recently by being photographed smoking weed out of a bong.  It's understandable that sponsors don't want to associate their product with someone who smokes pot.  But, what is not understandable is how Phelps managed to get himself a DUI in 2004 and all is forgiven.  He could have killed himself or others while driving around drunk after a party, but I guess winning a bunch of gold medals made that go away.  Now Phelps may be facing charges from the photo, and has gotten himself into hot water.  I feel that since drinking is more socially accepted than smoking pot, this will have a much worse effect on Phelps.  Americas golden boy is now seen as a Americas weed smoking swimmer.  It will be interesting seeing how this all plays out, but I suspect Phelps lost some fans when this photo came out despite a DUI change and party boy image before this happened.