I have a button top left that toggles the touch part off/on which helps with what you described. I mostly use it because the keyboard is right above and I keep dropping my elbows like the poor typist I am.
The latest driver seems pretty good here at detecting pen vs. touch on Win7 x64 but any hardware will have driver quirks that vary from one OS to another in my experience. I can understand if it just wasn't good for how you work. The concept is a new one for Wacom and will probably require driver work to evolve.
It doesn't look like there is much interest in touch enabled modeling from the Rhino users on this forum at the moment but maybe it will become a recurring topic as tablet OS's expand from web search to design work... which is my prediction.