Earlier quoted context omitted.
The analogy you're looking for here is drunk being-run-over, not drunk driving. Consider this illustrative example: Driver: "Hey man, mind if I run over your leg?" Drunk Person: "mfamhhhhmmhaha sure lesh pud it on youtubes" Driver: looks at camera "You hear that judge and jury?! Consent! Yeeehaw!"
That's not what he was asking. The question is if someone can be "too drunk to consent" (assuming they are conscious enough to verbally consent, but too drunk for that consent to be valid in the eyes of the law), then why are people held responsible for drunk driving incidents? If the law finds them incapacitated to the point of not being held responsible for their decisions (in this case to have sex, or sign contrac…
Note you can kill all the people you want in a plain ole traffic accident with practically no punishment compared to using any other weapon... as long as you're not drunk. Heck they don't even municipal cite people for killing bicyclists around here, sometimes. Needless to say I don't ride on the roads or let my kids ride on the roads, that would be pretty dumb to do, given the prevailing conditions.