His story again seems somewhat odd. He admitted that he indeed had some drinks (2-3) at dinner with his girlfriend, yet he was pulled over at 2am under the suspicion of alcohol. Either he ate really late, or he is lying. There is no way 2-3 drinks at 8 or 9pm would affect him enough 5 hours later that the cops would suspect alcohol. The smile in the mugshot is classic.
As some of the others have said, it is not necessarily the action itself. It is the fact that he has had two serious judgment calls that can have serious impacts on his life. Football is all about decision making, and Benson is showing that he lacks that ability.