Fourth Vodka-Soda at 1 A.M.
At 1:10 a.m. in a locals' casino bar, a 5-foot-4-inch, 120-pound customer who has been there about two hours orders her fourth vodka-soda. She has eaten nothing. The bartender has served three drinks, each with about 1.5 ounces of vodka, over roughly 120 minutes. Her speech is now slurred, her eyes are bloodshot, she spills a drink while gesturing, and when she stands to use the restroom she puts both hands on the bar to steady herself. She repeats the same story about her sister twice in five minutes. She says, 'I'm fine, I'm a regular, I tip well.' The bar is busy; a taxi stand is outside; the customer drove herself. The bartender must decide whether to pour the fourth drink and what to do next.
1. Identify the observable signs of impairment and decide whether the bartender should serve the fourth drink.
Read the worked answer
The observable signs are slurred speech, bloodshot eyes, a spill caused by poor coordination, needing both hands on the bar to steady herself, and repeating the same story. Those are classic behavioral signs of intoxication, and they matter more than the exact number of drinks. The drink count is also a risk factor: three 1.5-ounce vodka drinks over about two hours would put many 120-pound people near or over the legal driving limit, especially with no food. Under NRS Chapter 369, a server may not serve a person who is intoxicated or apparently under the influence. The bartender should not pour the fourth drink. The standard is reasonable observation, not a blood test.
2. The customer insists she is fine and is a good regular. How should the bartender refuse while limiting conflict and liability?
Read the worked answer
The bartender should use a calm, private, non-accusatory refusal: 'I can't serve you another drink tonight. I can get you water, food, or a ride.' The bartender should not debate the customer's claim, list her symptoms loudly, or say 'you're drunk' in front of others. The server should remove the empty glass, stop service to her, and notify the manager or security. If she becomes argumentative, the manager can reinforce the refusal. The fact that she is a good tipper or a regular does not create an exception. Serving her after observing those signs would increase the risk of a violation and of a crash or injury.
3. She drove herself. What should the bartender do about transportation and documentation?
Read the worked answer
The bartender should offer to call a taxi or rideshare and, if the customer agrees, help arrange it. The bartender should not physically take her keys or block the door unless the establishment has a clear policy and trained security; physical intervention can create its own liability. If she insists on driving while visibly impaired, the manager should consider calling law enforcement. The refusal, the signs observed, the time, the drinks served, the offer of a ride, and the manager notification should be documented in the incident log. Documentation should be factual, not editorial.