Drunk driving is illegal and dangerous
It's a stretch to argue it's Tesla's fault a driver get's into a car intoxicated and is not aware enough to avoid a crash.
Having said that, no cars, Teslas incuded, are self driving today, so Full Self Driving (FSD) is massively over-selling the ability. I base this on owning a Tesla model 3. It's very, very clever, but you need to be aware at all times.
Tesla finds itself leading the pack of car makers by some distance, and therefore becomes the first to defend itself as we test the legal boudaries and responsibililty. I for one, am glad Tesla is shouldering that role, even though I disagree how they promote their cars' capabilities.