Reading that article, the only contribution was that it incentivized the deceased to trust the FSD system to get him and his friend home rather than getting an Uber or some other means of getting home.
But according to the story, he already routinely trusted FSD, so his inebriation may not have mattered in the slightest, except as misdirection.
FSD beta requires monitoring the car and being responsible for what the car does. This is conveyed when FSD is purchased, when it is opted-in on the car, and every single time it is used while driving. This has never changed since it has been made available.
If the driver was too drunk to drive, then he was too drunk to monitor FSD. Inebriation mattered enough to kill him. The driver must be aware enough to know that swerving at that time is wrong, and override it. I’ve had FSD swerve on me many times, and it is as easy to override as simply not letting the steering wheel turn.
Drunk people have poor judgement, but we still hold them responsible for the bad decisions they make while drunk under the theory that they got drunk voluntarily, and so are responsible for their drunk actions. This is victim blaming, but sometimes people are responsible for the actions that caused themselves harm.