Recognizing Signs of Intoxication
The legal standard
Michigan prohibits sale to a person who is “visibly intoxicated” - intoxication apparent to a reasonable observer. You are not measuring BAC; you are documenting behavior. Signs build over time: slurred speech, bloodshot or glassy eyes, poor balance, fumbling money or phone, loud or repetitive speech, mood swings, drowsiness, and slowed responses.
What to watch
- Service pace: how many drinks, how fast, whether food and water are being consumed.
- Physical cues: stumbling to the restroom, holding the bar, dropping items.
- Social cues: becoming aggressive, overly familiar, or unusually quiet.
- Medication and tolerance: a person can be impaired on few drinks; smell alone proves nothing.
Worked example
A patron has had two beers but is taking a prescribed sedative. She is slurring, misses her chair, and repeats the same story. The number of drinks is low, but the observable behavior is enough: she is visibly intoxicated. Stop service, offer water and a ride, and tell the manager. Do not serve a third drink to “test” her.
Traps
- Counting drinks instead of observing behavior.
- Assuming coffee, food, or fresh air sobers someone up.
- Missing the quiet drinker who is sliding down in the booth.
- Waiting for a dramatic stumble before acting; the law applies once intoxication is visible.