Most Helpful Guy
Whether something is a "conscious" action is very different from whether an action was taken with complete understanding (at that moment) between "right and wrong."
A person's level of "consciousness" is a very weak proxy for how well a person is able to distinguish "right from wrong."
https://www.crystalinks.com/freud.id.ego.jpg (states of consciousness)
www.integra-cpd.co.uk/.../...hild_adult_parent.jpg (the interaction between the 'inner child,' 'inner adult' (i. e., executive decision-making center), and 'inner adult').
www.justia.com/criminal/defenses/intoxication/ (defense of "inability to form criminal intent to commit a criminal action" because of intoxication)
criminal.findlaw.com/.../the-m-naghten-rule.html (defense of insanity due to "inability to distinguish right from wrong," despite being able to form an intent to commit an action)
"Drunk" is not a binary status - there are "shades" and "degrees" of being drunk.
When people are "somewhat drunk," they can still form the intent to perform certain acts. The formation of that intent can be, and often is, a very conscious thought.
But, the fact that it was a thought that was made at the "conscious" level does not mean that it was based on a completely rational thinking or reasoning process.
When people have alcohol, the "inner parent" (i. e., the superego) becomes mute. What people call "inhibitions" are the stuff the superego is made of. Thinking like, "Eww, don't talk to that guy! You're not easy! You're not cheap! Make him work for it. Be a little hard-to-get. Don't let him kiss you. Don't touch him. You don't want to be a slut! You don't want him, his friends, your friends, Facebook, your family, etc. thinking you are XYZ, do you?" does not take place (or at least as often or as loudly/strongly).
Similarly, competing thoughts such as, "What about your girlfriend? How would she feel? Dude, you're already in a relationship," are not making their way through to the "ego" (i. e., the executive decision-making center of the brain).
So, when the "id" (i. e., the inner child) of the brain is sending messages of, "She's hot, I want her. Dude, kiss her. OMG! I want... I want... I want" and there is no other competing thought... "at the CONSCIOUS LEVEL," a person can make some very bad and wrong CONSCIOUS choices and decisions.
Most Helpful Girl
Yes, of course it's a conscious action. Cheating is a decision, it's never a "mistake." People make the choice to cheat. I don't care how drunk someone is, they still make that choice if they are in a relationship and get physical with another person.