Most U.S. states require consent from someone "of sound mind" or "not incapacitated," but intoxication thresholds vary wildly: one drink might incapacitate one person, four or five another. If you doubt someone can consent, assume they cannot.
Yeah, in almost every state they use language like this. It says, of sound mind, or they cannot be incapacitated. States use one of those 2 phrases for legally defining consent. Now, the question students ask, well, what if I can't tell? It's a valid question. How about, I don't, you know, they've had 2 drinks. How many agree there are some people that one drink, they're a different person? Agree that's possible? Say yes, it is. Yes. But another person, 4 drinks before it gets to there, or 5 drinks it gets to there. So it can vary person to person. So the second your brain thinks, hmm, can they consent? You actually know, I don't know enough right now. If I even ask that question, I don't, I can't guarantee I have consent. So the answer to the original question you asked is, if you're even doubting at all, is there any chance they might not be able to consent? Assume they can't.
