I disagree. They know they can't drive, they are just being stupid on purpose saying they can drive and they are all that. It's a game. If you're wasted and saying you're willing to drive, then you are just trying to look awesome and hope nothing bad happens. IMO.
Also, I've had classmates who've blacked out at a party and claimed they got butt raped, only to find out that they stuck up a butt plug up their behind as a dare. But they just didn't remember it. Not even kidding, like literally at least three girls I know. There needs to be plenty of evidence that rape actually occurred (like DNA evidence first and foremost).