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Procedures

I. Identifying Intoxicated Persons.

  1. Slurred speech, thick-tongued
  2. Glassy eyes, unable to focus, avoids eye contact.
  3. Disheveled clothing
  4. Strong smell of alcohol on breath
  5. Stumbles when walking, spills drink or food, drops change
  6. Unable to light cigarette, more than one lit at one time.
  7. Abusive language, questioning the server’s performance, profanity, bragging
  8. Annoying other customers 
  9. Making inappropriate sexual advances
  10. Obvious changes in behavior, more or less talkative, loud voice
  11. Exaggerated emotional outburst, crying or loud laughing
  12. Unable to respond coherently when addressed or questioned unreasonable or exaggerated responses.
  13. Blank, staring facial expression, sullen & withdrawn, depression or fatigue
  14. Obvious impaired judgment, memory lapses
  15. Buying rounds of drinks for strangers

II. Preventing Over Intoxication. 

  1. Offer & promote food and snacks when available. Eating slows the absorption of alcohol into the body.
  2. Suggest non-alcoholic beverages in a friendly manner; offer them free designated drivers.
  3. Offer on-site activities that slow down excessive consumption (e.g. karaoke other entertainment).
  4. Avoid drinking related games.
  5. Measured pouring.
  6. Get to know your customers.
  7. Slowing service by only serving a round when everyone is ready and avoid table where people are drinking excessively
  8. Always remove old, partially consumed drinks when serving new rounds. 
  9. Monitor parking lots, hallways & restrooms for suspicious behavior. 
  10. Post signs announcing the right to refuse service.
  11. Offer to call a cab or provide other transportation.
  12. Encourage customers to wait before they drive.
  13. Ask to hold keys to cars.
  14. If all else fails, call the police.

III. Other Relevant Information 

A. Open Containers of Alcohol in Cars State law prohibits the operator of a motor vehicle from possessing open containers of alcoholic beverages or consuming alcoholic beverages when on a public highway or right-of-way. Most local jurisdictions also have laws that prohibit the possession of open containers of alcoholic beverages in cars. Many of the local laws also prohibit passengers from possessing and/or consuming alcohol in cars. 

B. 0.08 BAC and 0.10 BAC: Neither one is required to be convicted of DWI. Under current Louisiana Law, a driver can be arrested, prosecuted and convicted for DWI even if the driver’s blood alcohol level is below 0.08 or 0.07 or 0.06 or lower. The law prohibits the operating of a motor vehicle while intoxicated when the driver is “under the influence” of alcohol. A person’s blood alcohol level does not have to be at a minimum level. In fact, some prosecutors around the state prosecute at a blood alcohol level below0.08 as a matter of policy. 

C. Underage Driving Under the Influence. While the DWI laws have changed for persons 21 and over, they have not changed with regard to persons under the age of 21. It remains illegal for persons under the age of 21 to operate a vehicle with a blood alcohol level of 0.02% or more.