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ProServe Practice Test · Question

A patron, who initially appeared sober, consumed several alcoholic beverages over two hours. They are now exhibiting subtle signs of intoxication: slightly slurred speech, repetitive conversation, and some loss of coordination. The patron requests another drink, stating they are just 'tired.' As a server, what is your most appropriate and legally defensible course of action?

Under the AGLC Act, servers have a legal obligation to refuse service to patrons who are, or appear to be, intoxicated. The described signs, even if subtle, are

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Question: A patron, who initially appeared sober, consumed several alcoholic beverages over two hours. They are now exhibiting subtle signs of intoxication: slightly slurred speech, repetitive conversation, and some loss of coordination. The patron requests another drink, stating they are just 'tired.' As a server, what is your most appropriate and legally defensible course of action?

Answer options:

  • Serve the patron one more drink slowly, while monitoring their condition closely, as they deny intoxication. ✅ Refuse service immediately, explaining that their current state indicates impairment, and offer non-alcoholic alternatives.
  • Delay serving the drink for 15-20 minutes to see if their condition improves, then re-assess.
  • Ask the patron's companions if they think the individual is too intoxicated to be served another drink.

Correct answer: Refuse service immediately, explaining that their current state indicates impairment, and offer non-alcoholic alternatives.

Explanation: Under the AGLC Act, servers have a legal obligation to refuse service to patrons who are, or appear to be, intoxicated. The described signs, even if subtle, are clear indicators of intoxication, regardless of the patron's denial. Serving another drink would increase liability, and delaying or consulting companions does not negate the server's immediate responsibility to cease service once intoxication is observed.

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