Fortunately, I'm not a judge, so I hope to never be in a position where I have to research this, but I don't think a conscious drunk would piss their pants.  

This should be the issue here -- not whether or not a drunk person can give consent.  I may have been drunk in the past, but I always knew what I was doing, even if I regretted it in the morning.

I wonder if the prosecution blew this case by emphasizing the idea of too drunk to consent.

p.s. I have a drawer full of consent forms.  Yah, Mr. Spontaneous, that's me!