Nope. Not at all.
Strawman fallacy. It turns out it doesn't matter whether the story is fiction or not. YOU don't get to change his story. The story, as given, describes a sober driver (legal) and a drunk passenger (legal).
He can. Unless a drunk is passed out, they can indeed get angry at rude cops. Indeed, because of the effects of alcohol and the way it shuts down parts of the brain, he'll probably get angry quicker! One of the first parts inhibited by alcohol is the nerve bundle connecting the frontal lobe to the hippocampus of the brain, leaving the person less able to control their emotions. Alcohol works its way essentially from the outside in, shutting down larger sections of the brain. The last to shut down (causing death) is the medulla and pons. A conscious drunk is emotional, and can easily get pissed off at a rude cop.
I do not have to see it to know his story is true or not. It doesn't matter.