Whether you are blackout drunk or not should not be the dividing line, because you can be terribly impaired without having blackout, and you can have blackout w

Whether you are blackout drunk or not should not be the dividing line, because you can be terribly impaired without having blackout, and you can have blackout without being terribly impaired. It's not in general possible to tell if someone will have blackout. I think it's important to understand that alcohol only slows your thinking, it doesn't "change your personality" or make your thoughts or wants go places they otherwise wouldn't. All that is socially learned. The drunk you is you. If you state consent as drunk, it's because you want to. In practice, though, blackout is a terrifying experience, and for all the blacked-out person knows they were completely unconscious during what happened. So they can't be faulted for fearing they were abused. And so, for your sake and theirs, you should NEVER have sex with anyone if there's the slightest chance they have blackout, i.e. if you can tell they are drunk at all. This is an easy rule to follow, and I have very little sympathy with people who can't.