Two Beers and a Wallet
At 8:15 p.m., a 58-year-old regular walks into a Michigan tavern and orders a 12-ounce draft beer. Over the next 90 minutes he drinks two beers slowly and eats a burger. He takes prescription anxiety medication but does not mention it. Now he is trying to pay his tab. He drops his wallet, picks up the same card twice, and repeats a story about his boat three times. His speech is thick, his eyes are glassy, and he knocks over a napkin holder. He says, 'I'm fine, I only had two.' His brother, who is with him, says, 'He gets like this when he's tired; he's not drunk.' The bar is busy, and the server has served him many times without a problem. He orders a third beer and puts a $10 bill on the bar.
1. Should the server serve the third beer? Identify the facts that support impairment and the facts that should not override them.
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No. The legal test is whether the customer is visibly intoxicated, not whether he has had only two drinks. The fumbling, dropped cards, repeated story, thick speech, glassy eyes, and knocked-over napkin holder are observable signs of impairment. The two-drink count, the food, his status as a regular, and his brother's 'tired' explanation do not override those signs. Tolerance, fatigue, weight, time, and prescription medication can all increase impairment; the server does not need to know the medication's name to act on what is visible. A third beer would be a sale to a visibly intoxicated person, which Michigan law prohibits and which creates dram shop exposure if he later injures someone. The server should not wait for a dramatic collapse before refusing.
2. What intervention should the server use, including exact words, and whom should be involved?
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Use a calm, private, non-accusatory approach. Example: 'I'm not going to serve you another beer tonight. I want you to get home safe, and I can call you a cab or get your brother to drive.' Avoid arguing about whether he is drunk and avoid publicly humiliating him. Close the tab, offer water and food, and bring the manager into the conversation. Ask the brother to help arrange a ride. Do not physically restrain him or grab his keys. If he insists on driving, tell him you will call police if he tries; follow through if he leaves. Document the time, the signs observed, the refusal, the manager notification, and the transport offer.
3. What if he becomes angry and refuses to leave?
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Stay calm and create space. Do not match his volume or touch him. Repeat the limit once: 'I can't serve you more alcohol, and I need you to leave safely.' Involve the manager and, if he threatens staff, refuses to leave, or attempts to drive, call police. If he remains at the bar, stop anyone else from buying him a drink. The bar can offer a cab and can hold keys only if he voluntarily hands them over. Document the incident and any police response. The goal is to avoid both an unlawful sale and a foreseeable harm without escalating to a physical confrontation.