What Is Visible Intoxication?

Serving alcohol to an individual who is visibly intoxicated is against the law. The server or customer service attendant can actually face civil and criminal charges. In the state of Pennsylvania, the blood alcohol content for a Driving Under the Influence (DUI) conviction is .08% or greater. Visible intoxication refers to a state of alcohol impairment highly noticeable by others.

Determining if a person is visibly intoxicated is a judgment call. Alcohol affects people at different rates due to a person's tolerance, health, weight, gender, or amount of food intake prior to drinking. In order to determine visible intoxication, a server must be aware of specific behavioral signs and a general state of appearance

 

Behavior And Appearance

Numerous signs will help to determine the level of visible intoxication. Generally, a combination of several factors needs to be present.

• Slurred or incoherent speech
• Staggering or showing signs of difficulty walking a straight line
• Being loud
• Acting inappropriately
• Aggressive or argumentative
• Over-friendly
• Inability to hold a drink
• Strong smell of alcohol or marijuana

The outward signs of visible intoxication depend on the person. As a server of alcohol, being vigilant of your customers can help avoid fines and legal entanglements.

 

Refuse Serving The Intoxicated Person

Refusing service to a person in a visible state of intoxication is crucial. For example, a customer who is ordering drinks in a rapid pattern may need to stop being served. Offering food, water or slowing the rate of alcoholic drinks can help slow the effects of alcohol. Refusing further alcoholic beverages is the only way to reduce an impaired state.

Implementing strong practices for serving and selling alcohol is a form of legal protection. Even with the best practices in place, a person may enter an establishment already under a state of intoxication. Refusing to serve is a right as long as the servers are within the guidelines under the Pennsylvania Human Relations Act. Refusal of alcohol due to a state of visible intoxication can help prevent a disastrous situation for the individual. A server can prevent any type of liability for the act of serving a visibly intoxicated person. Acting diligently can ensure safety and responsibility for establishments, staff, and the customers.

If you are in a situation where you need DUI defense assistance contact the following attorneys in Pennsylvania:

Dram DUI Lawyers Delaware County

20 W Front St #1

Media, PA 19063

610-557-1413

Dram DUI Lawyers Montgomery County

1000 Germantown Pike #D-3a

Plymouth Meeting, PA 19462

610-422-3771

Dram DUI Lawyers Chester County

24 E Market St #101

West Chester, PA 1938

610-557-1651

False Arrests For DUI Can And Do Happen

The last thing that most sober drivers think is that they may be arrested for a DUI while driving. Shockingly, false arrests do happen and innocent individuals are charged with a serious crime that can tarnish their record.

How One Police Officer Hurt Hundreds

 In a perfect world, police officers, who are supposed to serve and protect their community, would not use the power given to them to take advantage of the system. Unfortunately, we do not like in a perfect world, as one Chicago neighborhood learned.

In 2009, Officer Richard Fiorito was taken off of active duty when a dash camera in his own vehicle showed that their were serious inconsistencies with what actually happened and what the officer wrote in his official report.  In one video, he was shown giving a man a field sobriety test, during which the driver treats him with respect, follows instructions, and clearly passes all physical requests. But at the end of the test, the driver is surprisingly arrested. In the official report, however, he wrote that the driver was "confused", that he was unable to keep his balance and that in order to walk he had to raise his arms up for balance, and that he couldn't do the walk and turn test - the first test he clearly completed to perfection on camera.

As a result of this video, more than 130 DUI charges were dropped and he faced more than 40 civil lawsuits alleging that he had falsely arrested innocent drivers so that he could get overtime pay from having to appear in court.

That isn't to say that all false arrests are the result of a police officer taking advantage of the situation. In some cases, the officer believes they are doing their job but the testing tools, such as breathalyzers, are not correctly calibrated.

What Should I Do If I Believe I've Been Falsely Arrested?

Consult an attorney right away. An attorney can help you collect evidence, consult legal experts, and may be able to get your record expunged. To learn more, contact us today.