The Regular Who Orders Another Double
At 8:50 p.m. a 38-year-old man is seated at the bar of a full-service restaurant. He arrived at 6:30 sober and has had two 16-ounce IPAs at 7.2% alcohol by 7:40, then two 1.5-ounce bourbon doubles at 80 proof by 8:30. At 8:50 he orders another bourbon double. His speech has become slurred, he has repeated the same story about his boat three times, he knocked over a water glass ten minutes ago, and he is now talking loudly enough that two tables have turned around. His eyes are bloodshot and he is leaning on the bar with one hand. A coworker at his table says, “He's fine, we're getting him an Uber.” The server has served him before and remembers him as a good tipper. The restaurant is busy and the manager is on the floor.
1. Identify the impairment signs and explain whether they support refusal of the next drink.
Read the worked answer
Observed signs: slurred speech, repetition, a motor-control failure (knocked-over glass), leaning on the bar for support, bloodshot eyes, and rising volume. These are behavioral and physical indicators of impairment. You do not need a breath test or a calculated blood-alcohol level to refuse service; you need a reasonable, contemporaneous observation that the person is showing signs of intoxication.
The pattern strengthens the conclusion: two high-strength IPAs followed by two doubles in about two hours, with the doubles arriving close together. The fact that he is a regular and a good tipper is irrelevant and is exactly the kind of bias that leads to over-service.
Conclusion: the next double should be refused. Serving it would be inconsistent with Ohio's prohibition on serving an intoxicated person and with the permit holder's responsibility to control service. The coworker's promise of an Uber addresses transportation, not whether more alcohol may be served.
2. Write the refusal and service steps you would take, including what to do about the coworker offering to order for him.
Read the worked answer
Refusal script: “I'm not going to serve you another double tonight. You've had enough, and I want you to get home safely. I can bring you water or coffee and some food if you want it.”
Steps:
- Do not serve the coworker's order for him. A third party ordering for an intoxicated person is still service to that person. Tell the coworker directly: “I can't send another drink to him either.”
- Remove the temptation. Clear his empty glasses and offer water.
- Notify the manager so the decision is supported and other servers do not override it. If the restaurant uses a POS alert or a “cut-off” note, enter it.
- Arrange safe transport. Confirm the Uber is actually called and that he is not driving. Offer to call a taxi if needed.
- Watch for escalation. If he becomes angry, keep a counter between you, lower your voice, and involve the manager rather than arguing.
- Document the time, signs observed, drinks served, refusal, witnesses, and transport arrangement.
The judgment point is that the refusal is not just a single drink decision; it is a service-and-safety plan.
3. What if he had shown no visible signs and ordered the same drink? Would the drink count alone justify refusal?
Read the worked answer
No. A drink count is a useful warning flag, but it is not by itself proof of intoxication. The legal and practical test is observable impairment: speech, coordination, judgment, behavior, and appearance. Two IPAs and two doubles in two hours is a substantial amount, and it should prompt closer observation, slower service, water, and food - but if he is speaking clearly, walking steadily, and behaving appropriately, a refusal based only on arithmetic would be hard to defend and could be arbitrary.
The better approach is active monitoring: slow the pace, check in, offer water, watch for the first reliable signs, and keep serving only while he remains appropriate. If signs appear, refuse immediately. If he is driving, that is a separate safety concern you should address even without visible intoxication. The exam distinction is between a risk factor and a legally sufficient observation.