I just wanted to point out that HE isn't that rare in people who have been alcoholics for many years and suffering from advanced liver disease. Obviously I don't know the condition of the liver of the person we are talking about and was not aware the "symptoms" began after 5pm. So in this case yes, the person is probably drinking. Although it is true that people suffering from HE "behave" similarly to someone who is intoxicated and the condition could be confused with intoxication by people who are not familiar with it.