The Regular Who Says He Is Fine
At 8:40 p.m. on a Wednesday, a Wilmington restaurant server greets a regular, Mr. Alvarez, 58, about 180 pounds. Over 100 minutes he has had two vodka martinis made with 2 ounces of 80-proof vodka each and one 6-ounce glass of wine. He is taking a blood-pressure medication. His speech is slightly slurred, he repeats the same story about his son's wedding, he knocks over a water glass, his face is flushed, and he steadies himself on the table when he stands to greet a friend. He orders a double bourbon neat. His wife, who is drinking water, says, 'He is not driving; I am. He's fine.' The bar is loud but not crowded. The server is 22 and has been on the floor for six months.
1. What evidence in the setup matters most in deciding whether to serve the double bourbon, and what evidence is less reliable?
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Visible signs control, not the number of drinks or the wife's assurance. The strongest indicators are slurred speech, repetition, knocked-over glass, flushed face, and needing the table to steady himself; those are observable impairment cues. The wife's statement is relevant to transportation but not to whether he is intoxicated; a sober driver does not make it lawful to serve a visibly intoxicated person. The medication may increase sedation or affect balance, but you do not need to diagnose it; it adds caution. The two martinis and wine over 100 minutes are consistent with impairment for a 58-year-old of about 180 pounds, but a BAC estimate cannot substitute for what you see. The double bourbon would raise risk sharply because it is a large pour served neat. The conclusion: refuse the double and offer water, food, and a nonalcoholic drink.
2. How should the server phrase the refusal to Mr. Alvarez and to his wife, and what alternatives should be offered?
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Use a calm, brief, policy-based refusal without arguing about how many drinks he had: 'I'm not able to serve you another drink tonight; I can bring water, coffee, or food, and I can call a cab.' Do not say 'you're drunk' or debate his wife. To the wife: 'I understand you're driving, and that helps, but I still can't serve him once he shows these signs.' Offer a nonalcoholic beverage, water, and a safe ride; do not offer coffee as a sobering cure. If he insists, involve the manager and repeat the same line. The reasoning: the refusal should be about the house's legal duty and his safety, not a personal judgment, which lowers the chance of escalation. The server should not pour the bourbon 'just one' to avoid conflict.
3. If Mr. Alvarez pays his tab, leaves, and gets into the passenger seat, what should the server do next?
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The immediate service duty is complete if he is not driving and has left; do not chase him into the lot or physically stop him. But the server should tell the manager, note the refusal and the fact that the wife was driving, and watch that he does not switch to the driver's seat. If he does, call 911 with the vehicle description and plate; do not attempt to block the car. The reasoning: the server's legal exposure is highest when a visibly intoxicated person is served or allowed to drive; once service is refused, reasonable follow-through and documentation are the protections. If the wife appears impaired too, the calculus changes and a call for a ride or police is warranted.