As an officer of the law, you're exempt from "elbow over the table" bro-code, namely because the first person who calls you out for it gets an open container violation and a night in the drunk tank. Yes, let the wookie--err I mean cop--win.
Let's put this in perspective: the legal limit for driving while intoxicated is a BAC of 0.08, meaning this guy had eight times the legal limit in his system. Furthermore, in Iowa state police academy curriculum, officers are taught that a person with a BAC of 0.40 are likely to be in a coma. This guy has 1.5 times the amount needed to kill a person, and he was still driving. Talk about holding your liquor!