A customer is visibly intoxicated and insists on driving home. What is your legal obligation as a server?

Question: A customer is visibly intoxicated and insists on driving home. What is your legal obligation as a server?

Answer options:

• Advise them not to drive, but ultimately allow them to make their own decision.
• Take their car keys away forcibly to prevent them from driving. ✅ Call the police and/or arrange for alternative transportation to ensure their safety and public safety.
• Escort them out of the establishment and tell them not to return.

Correct answer: Call the police and/or arrange for alternative transportation to ensure their safety and public safety.

Explanation: When a customer is visibly intoxicated and intends to drive, servers and licensees have a legal responsibility to take all reasonable steps to prevent them from driving. This includes offering to call a taxi, a friend, or family, or even contacting the police if they insist on driving and all other attempts to prevent it have failed. Merely advising them not to drive or escorting them out without preventing them from driving would not fulfill this duty. Forcibly taking keys could lead to legal issues for the server. The priority is preventing impaired driving.