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ProServe Practice Test · Question

What is the primary factor that determines if a person is legally considered 'intoxicated' according to the AGLC?

While the number of drinks contributes, legal intoxication is primarily determined by a person's observable physical appearance and behaviour. Servers are train

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Question: What is the primary factor that determines if a person is legally considered 'intoxicated' according to the AGLC?

Answer options:

  • Their emotional state. ✅ Their physical appearance and behaviour.
  • Their preference for certain types of alcohol.
  • The number of drinks they have consumed.

Correct answer: Their physical appearance and behaviour.

Explanation: While the number of drinks contributes, legal intoxication is primarily determined by a person's observable physical appearance and behaviour. Servers are trained to identify these signs, as BAC testing is not practical or usually permitted for service staff. Emotional state or drink preference are not direct indicators of legal intoxication for service purposes.

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