Recognizing Intoxication, BAC & Responsible Service
The single most important judgment a seller-server makes is whether a patron is intoxicated. This chapter covers how alcohol affects the body, what blood alcohol concentration (BAC) is and what raises it, the standard-drink concept, the physical and behavioral signs of intoxication, and how to refuse service and prevent over-service. Because Dram Shop liability turns on obvious intoxication, these skills protect patrons, the public, the server, and the business.
How the body processes alcohol
Once swallowed, alcohol is absorbed into the bloodstream and then broken down mainly by the liver at a fairly fixed rate of about one standard drink per hour. Nothing speeds this up: not coffee, not water, not a cold shower or fresh air. Those things might make a person feel more alert, but the person remains impaired and their BAC is unchanged until enough time passes. This is why a patron who drinks faster than one standard drink per hour will keep accumulating alcohol and getting more intoxicated. Only time truly lowers BAC, so servers cannot 'sober up' a guest before they leave.
BAC and the factors that affect it
Blood alcohol concentration measures the amount of alcohol in a person's blood. For most Texas drivers 21 and older, a BAC of 0.08 or higher meets the legal threshold for driving while intoxicated, but a patron can be dangerously impaired well below that number. Many factors change how fast BAC rises for the same drinks: body weight and size, whether the person has eaten, how quickly they are drinking, gender, and elapsed time. A smaller person drinking quickly on an empty stomach reaches a higher BAC faster than a larger person who ate a full meal and drinks slowly. Because of this, servers judge each patron individually and rely on observable signs, never on estimating an exact BAC.
The standard-drink concept
A standard drink is a way to compare beverages by their pure alcohol content. In the United States, roughly equivalent servings are 12 ounces of regular beer at about 5%, 5 ounces of wine at about 12%, and 1.5 ounces of 80-proof (40%) distilled spirits. Each contains a similar amount of pure alcohol. This matters because a single strong cocktail or a 'double' can equal two or more standard drinks, so counting glasses undercounts actual consumption. Tracking standard drinks helps a server estimate how much a patron has really had relative to the roughly one-per-hour the body can clear, giving an early warning before dramatic physical signs appear.
Recognizing signs of intoxication
Signs of intoxication fall into two groups. Physical signs are things the body shows: bloodshot or glassy eyes, slurred speech, loss of coordination, stumbling, swaying, and difficulty staying awake. Behavioral signs are changes in how a person acts: becoming unusually loud, overly friendly, argumentative, or making risky jokes, and a general lowering of inhibitions. Intoxication often progresses from lowered inhibitions and talkativeness, to impaired judgment, and then to visible loss of coordination and slowed reactions. Recognizing the early stages lets a server intervene before a patron is dangerously impaired. High tolerance can mask outward signs, but the person's BAC and impairment are still elevated, so servers should not rely on a patron's claim that they are 'fine.'
Refusing service and preventing over-service
Over-service means continuing to serve someone who is already intoxicated or clearly becoming so, and it is both a safety hazard and a violation of the code. The best practice is to cut off a patron early, at the first solid signs, because BAC keeps rising and waiting only makes the situation harder to manage. When unsure, a server can slow service, offer water and food, and monitor the patron closely before deciding. Servers must also watch for patrons ordering 'for the table' to funnel drinks to an already-intoxicated friend, since that alcohol is still over-service. Once a patron is intoxicated, no arrangement, tab, or tip changes the duty to stop serving them and to help them get home safely.
Last updated: July 2026