How do intoxication and drug use affect affirmative consent?

Intoxication and drug use affects affirmative consent because a party cannot give consent if they're incapacitated. A party can be incapacitated by alcohol and/or drugs. There is a difference between intoxication and incapacitation. Unfortunately, schools are not always mindful of this. It's one of the reasons why an experienced attorney advisor must be involved from the start of the process to protect an accused student's rights and interests.