I agree he's dumb for drinking and driving but I'm willing to bet he wasn't wasted. He knows how valuable he is right now and he's not going to purposefully screw that up in one night.
I'm sure speed was more of a factor than his alcohol level, the fact he had a couple of beers made him an immediate target. It happens all the time.
Someone else brought up this point, do you think they would have even let Robert Downey Jr sit in that Audi?