It had nothing to do with the falling asleep at the drive through. That was a separate incident. It had everything to do with him turning on the cops and becoming the aggressor, on a dime no less (which shows he had planned to overwhelm the cops when they were off guard) and it turning it violent. Him being intoxicated the cops can only conclude that he will keep acting irrationally so maximum force was necessary. End of story. I haven't see anything say this. He was the aggressor, he turned it violent. He was drunk so he doesn't get the benefit of doubt. He gets the benefit of being treated as an irrational actor