Identifying Signs of Intoxication

Introduction

Chapter 1 gave you the legal command — do not serve an obviously intoxicated person (B&P §25602). Chapter 2 explained the chemistry. This chapter is the eyes-and-ears skill that connects them: how a trained server actually recognizes intoxication in real time, without a breathalyzer, on a busy floor, in bad lighting. The word "obviously" is doing a lot of work in the statute — it means the standard is what a reasonable person, observing the customer, would conclude. No chemical test, no confession, no medical diagnosis. Just trained observation.

The exam tests two things here: a framework for spotting the signs, and the discipline of tracking and pacing so you catch impairment as it builds rather than after it explodes.

Learning objectives

After this chapter you should be able to:

• Apply the SCAN observation framework — Speech, Coordination, Appearance, Notable behavior — and recognize that a pattern across two or more categories meets the "obviously intoxicated" standard.
• Explain that §25602 uses an objective, observational ("reasonable person") standard, not a BAC test.
• Distinguish early-stage signs (the intervention window) from late-stage signs (mandatory, immediate cut-off).
• Use tracking, pacing, and cumulative observation — counting drinks, watching change over time, and handing off information at shift change.
• Handle difficult cases where a sign may not mean intoxication (disability, medication, accent, language) without either over-refusing or under-refusing.
• Recognize that a customer who arrives already intoxicated may not be served — there is no "first drink" exception.

Part A — The SCAN framework

RBS training organizes the visible signs of impairment into four categories, commonly taught with the mnemonic SCAN:

• S — Speech. Slurring, mumbling, thick or slow speech, loss of the conversational thread, repeating oneself, or a sudden change in volume (loud if previously quiet, or the reverse).
• C — Coordination. Swaying or stumbling, leaning on the bar for support, spilling drinks, missing the glass or the mouth, fumbling with money or a credit card, dropping a wallet or phone, difficulty with familiar fine-motor tasks.
• A — Appearance. Glassy or bloodshot eyes, droopy eyelids, flushed face, disheveled or sweaty look, unfocused gaze.
• N — Notable behavior. Aggression, belligerence, crying or sudden mood swings, overly friendly or sexual conduct toward strangers, inappropriate risk-taking, falling asleep at the bar, arguing over the tab.

(These map onto the same idea as the older "speech, behavior, appearance, judgment" domains — the labels differ, the observation is the same.)

The single most important rule: look for a pattern, not one cue. No single sign proves intoxication. A person can have glassy eyes from allergies, slur from a speech condition, or stumble on a bad knee. What establishes "obviously intoxicated" is multiple signs across multiple SCAN categories, especially when they worsen over the visit and accelerate after each drink. Glassy eyes plus leaning on the bar plus slowed speech is three categories at once — that is obviously intoxicated, and service must stop.

California example. A bartender watches a patron order "one more vodka soda." His eyes are red and glassy (Appearance), he is leaning heavily on the bar (Coordination), and his speech has slowed and thickened (Speech). That is three SCAN categories — the "obviously intoxicated" standard is met. Continued service is a §25602 misdemeanor. The bartender politely refuses, offers water and food, and helps arrange a ride. A diluted or "weaker" version of the drink would still be a sale of alcohol and still a violation.

Part B — Tracking, pacing, and cumulative observation

Because impairment lags behind intake, the customer who looks fine as you pour the fourth shot may be a problem fifteen minutes later when it fully hits. The defense is not a better guess in the moment — it is a system.

• Count drinks per customer. Use the POS, a written tab, or a deliberate mental count for each individual (not "the table"). Recall from Chapter 2 that a "double" is two standard drinks and a craft beer may be 1.5.
• Pace against the ~one-drink-per-hour elimination rate. A customer drinking faster than the body clears is building BAC, even if they still look fine right now. Slow the rounds, bring water with every drink, offer food, and steer toward lower-ABV options.
• Cumulative observation means watching change over time — a single ambiguous slurred word means little; the same word plus a stumble ten minutes later confirms the trend. A brief SCAN glance each time you approach the customer catches the slide early.
• Communicate at shift change. A classic patron move is to wait for a fresh bartender who has no baseline. Verbal handoffs and a note near the well ("table 6 is heavy tonight") close that gap.
• Watch the red flags that don't prove intoxication but predict a fast BAC climb: ordering rapid rounds (three shots in ten minutes), ordering the next before finishing the last, "two-fisting," or one person ordering rounds for a heavy-drinking friend. The response is heightened observation and slower service — not necessarily refusal yet.

Note what is not a red flag: ordering water, paying with a card, or tipping generously. Do not let normal behavior drive service decisions.

California example. A customer downs four shots in twenty minutes and still seems okay as the fourth is poured — the alcohol has not fully absorbed. The server who counted and paced knows the BAC is about to spike, stops further rounds, and brings water and food now, before the SCAN signs bloom. The server who only reacts to visible drunkenness will serve a fifth and own the incident.

Part C — Difficult cases, and the customer who arrives drunk

Not everyone who shows a "sign" is intoxicated, and treating every cue as proof leads to unlawful, discriminatory refusals. Use the pattern test and a brief conversation.

• Disability and medical conditions. A customer with a stroke history, Parkinson's, or a speech impediment may slur or move unsteadily sober. A prosthetic or an injury can cause an uneven gait. Refuse for intoxication, never for disability — refusing someone because of a disability can violate the ADA and California's Unruh Civil Rights Act (Civil Code §51). The question is always: are there multiple signs, are they worsening, do they track the drinking?
• Medication. Drowsiness may come from a prescription, not the drink — but recall that medications amplify alcohol, so pace slowly and refuse early if impairment appears.
• Accent and language. An unfamiliar accent or limited English is not impairment. "I can't easily understand this person" is different from "this person is slurring." Refusing on accent risks national-origin discrimination.
• The coherence check. When you genuinely cannot tell, talk to the customer. Ask their order back, ask an easy question, watch whether their answers make sense. A customer whose responses are coherent and whose pace is slow is not §25602 intoxicated; one whose coherence deteriorates after each round is.
• Tolerance (from Chapter 2): a heavy regular may not look drunk at a BAC well over 0.08. High tolerance is not a defense — the ABC has held so — and you can still be cited for serving them.

The customer who arrives already intoxicated. A patron who walks in already obviously intoxicated is a §25602 problem the moment you pour the first drink. Your liability does not require that you served the drinks that got them there. Bar-hoppers, wedding guests who pre-gamed, travelers who drank on the plane, the person who finished a flask in the parking lot — the framework does not change. Observe at the door, at the order, and at delivery. If they arrive drunk, the answer is no service, plus water/food if they will stay calm, and a safe ride out.

California example. A patron arrives slurring, with a stumbling gait, and orders a beer "— I haven't even had anything here yet." There is no first-drink exception under §25602: he is already obviously intoxicated, so he cannot lawfully be served at all. Serving "just one" is a misdemeanor. The right response is a polite refusal, water and a seat, and help arranging transportation.

Key numbers & deadlines

Legal standard: §25602 — do not serve an obviously intoxicated person. This is an objective, observational ("reasonable person") test — no breathalyzer, no confession, no diagnosis required. SCAN: Speech · Coordination · Appearance · Notable behavior. A pattern across two or more categories = obviously intoxicated → stop service. Pattern, not a single sign. One cue (glassy eyes, a slur, a stumble) can have innocent causes; multiple signs, worsening over time, tracking the drinking = intoxicated. Impairment lags intake — count drinks, pace to ~1 standard drink/hour, observe cumulatively, and hand off at shift change. Early window (relaxed, loud, disinhibited) = slow down, water/food. Late signs (slurring, stumbling, vomiting, falling asleep, blackout) = mandatory immediate cut-off; consider 911. No "first drink" exception: a customer who arrives obviously intoxicated may not be served at all (§25602). Never refuse for a protected trait — disability, accent, or national origin (Civil Code §51). Refuse for behavior/intoxication.

Named exam traps

• "One sign is enough to refuse." No — look for a pattern across ≥2 SCAN categories. (But equally, do not wait for someone to be unconscious — that is far too late.)
• "A weaker/diluted drink is okay for an intoxicated patron." It is still a sale of alcohol and still a §25602 violation.
• "He hasn't had anything here yet, so I can serve one." No first-drink exception — already-intoxicated means no service.
• "Slurring/stumbling always means drunk." Not if it is disability or a medical condition; use the pattern test and a coherence check.
• "An accent or poor English is a sign of intoxication." Never — refusing on that basis is discrimination.
• "Wait and see what happens after this drink." Reactive observation means the harm has already occurred; intervene early.
• "Rapid rounds prove intoxication." They are a red flag warranting closer watch, not proof by themselves — but they demand action.

Key takeaways

• §25602 intoxication is judged by trained observation, not a chemical test.
• Use SCAN (Speech, Coordination, Appearance, Notable behavior); a pattern across categories that worsens over time is the trigger.
• Track and pace: count each person's drinks, watch cumulatively, hand off at shift change, and treat rapid ordering as a red flag.
• Intervene in the early window; do not wait for late, dangerous signs.
• Distinguish innocent causes (disability, medication, accent, language) from intoxication, and never refuse for a protected trait.
• A customer who arrives intoxicated gets no service — there is no first-drink exception.

Sources

Cited to the California ABC RBS curriculum framework and the Business & Professions Code (leginfo.legislature.ca.gov). The SCAN mnemonic reflects standard RBS training practice.

• Cal. Bus. & Prof. Code § 25602 — prohibition on service to an obviously intoxicated person; objective "obviously intoxicated" standard (tolerance is not a defense per ABC disciplinary practice).
• California ABC RBS Training Program / Title 4 Cal. Code Regs. § 165 — observation framework (SCAN: Speech, Coordination, Appearance, Notable behavior) and cumulative-observation / pacing practice.
• Cal. Civ. Code § 51 (Unruh Civil Rights Act) — prohibition on refusing service based on a protected characteristic (disability, national origin, etc.); Americans with Disabilities Act — disability protection.
• NIAAA — impairment progression and the ~one-standard-drink-per-hour elimination rate (see Chapter 2 sources).