Interestingly, while the statute uses the term too intoxicated to consent, it doesn't define it.

Is an unconscious person too intoxicated to consent to consent? Most people would say yes, and I imagine the law would concur.

Is a person drifting in and out of consciousness too intoxicated to consent? Most people would say yes.

Is a person who's able to walk, but obviously drunk, too intoxicated to consent? What if you ask them to come to your place to have sex and they agree with a drunken "uhhh yeah uuuhhhh cooool... uuuhhh ok". This is sounding more like real consent but a lot of people would proceed with caution to avoid a bad situation and/or regret.

Is a person who's had a couple of drinks and is exhibiting increased outgoingness and reduced inhibitions too intoxicated to consent? This is where a lot of dates and hookups end up. Most people would say this is OK, but a zealous prosecutor with an axe to grind might be able to make charges stick.

And finally, one presumes that if you're below the legal limit for operating a motor vehicle, you are also able to consent to sex.