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