Two Glasses and a Prescription: When 'Tired' Is Impairment
At a Concord restaurant on a Tuesday evening, a 48-year-old woman sits at the bar and orders a third glass of pinot grigio. She has had two 6-ounce glasses over about 50 minutes and tells the bartender she takes alprazolam for anxiety and had “a glass of wine at home before dinner.” Her speech is slurred, she repeats the same story about her son's soccer game three times, and she knocks over a water glass while gesturing. Her eyes are bloodshot, she sways slightly when she walks to the restroom, and she is polite but tearful. Her friend says, “She's fine, she's just tired.” The woman is not loud or aggressive. The restaurant serves food until 10 p.m., has a written refusal policy, and keeps a logbook. The bartender is unsure whether the medication matters because the woman has had only two drinks.
1. Identify the observable signs of impairment and explain why the medication matters.
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The observable signs are slurred speech, repeated storytelling, loss of fine motor coordination when she knocks over the water glass, bloodshot eyes, swaying while walking, and rapid emotional change from polite to tearful. Those are objective observations, not a diagnosis. The medication matters because alprazolam is a central nervous system depressant, and alcohol is also a depressant; together they can produce greater impairment than either alone. The bartender does not need to know the woman's blood alcohol concentration or the exact pharmacology. The relevant question is whether she is visibly impaired now. Two 6-ounce glasses plus a drink at home plus a prescription sedative can easily produce these signs. The friend's “she's just tired” is not a defense and does not override what the server can see. The server should treat the visible impairment as the controlling fact.
2. Should the bartender serve the third glass? What should the bartender say and do?
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No. The bartender should not serve the third glass because the patron is visibly impaired and because mixing alcohol with a prescribed sedative increases the risk. The refusal should be calm and specific: “I'm not going to serve you another glass tonight; I want you to get home safely.” The server should not accuse her of being drunk or debate her friend. Offer water, offer food from the kitchen, and ask whether she has a safe ride. Coffee does not sober a person up; time and stopping alcohol are what matter. If she becomes upset, the manager should take over, but the answer stays the same. The refusal and the offer of water, food, and a ride should go in the logbook with the time and observed signs. If she tries to drive, staff should call police rather than physically block her car.
3. What should the bartender do if the woman becomes upset and her friend insists she is fine?
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The bartender should hold the refusal without arguing. It helps to separate the two conversations: tell the friend privately, “I understand you think she's fine, but I saw her sway and knock over the water, and I can't serve her anymore tonight.” Do not negotiate a “smaller” drink or a “last one.” Offer alternatives that do not involve alcohol: water, food, a taxi, or calling another family member. If the woman cries or raises her voice, keep the tone low and ask the manager to step in. The friend's opinion does not transfer responsibility to the friend; the licensee and server still face liability for serving a visibly intoxicated person. Document the exact words and actions, not conclusions like “she was drunk.” If she leaves with the friend and the friend is driving, note the vehicle and call police if there is an immediate safety risk.