Personal automobiles have a huge cost to society. Self-driving doesn't really change a lot of that.
Tesla should be penalized for reckless behavior in the promotion and development of their FSD. However, reality is any product performing a sufficiently risky action for sufficiently many people will have a very small number of catastrophic failures. I could make a similar argument to yours for cars, planes, much of modern medicine, most electric products, alcoholic drinks, etc, etc.
In a way, consistency here is good. If it only sometimes tries to crash itself, it's harder to fix and it may indicate a bigger recognition problem.
Of course, that doesn't mean the product is any good, or that selling it is reasonable.
Their current strategy does get people hyped. I wonder how many people you can program a machine to run over before it becomes an unprofitable activity.
I have a random comment I'll interject but it's totally off topic. My impression from watching people show off their Teslas is that they are constantly in awe of being able to get to work without controlling their car. But many of us have been commuting to work hands free for decades -- it's called public transportation. One person uses the power of electricity to take hundreds of people around the city, every 1.5 minutes during rush hour. It is pretty nice. But we didn't need self-driving cars to get there, we just needed to design our living and working spaces for hands-free commuting. Shrug.
But as for the very specific emergency case while you are drunk, it could be overridden with some visible sign turning on notifying other drivers - but it would need some law background, so eg. a cop can escort you in that case, etc. But tesla’s fake self-driving doesn’t help anyone.
Last 1/3 is simple car size, aka congestion. Ironically, this will probably be solved by the Boring Company and teslas.
I'm a huge proponent of bike lanes + e-vehicles. But let's be serious, Teslas really are changing the game. Well, or will, once the price goes down in 10 years.