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Smart Serve Practice Test · Question

You are training a new server. They ask, 'If a patron seems borderline intoxicated, but they're with a designated driver, can I still serve them one more drink?' What is the most appropriate and legally sound answer?

The presence of a designated driver does NOT absolve the server or licensee of their duty to prevent a patron from becoming intoxicated. Serving an already into

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Question: You are training a new server. They ask, 'If a patron seems borderline intoxicated, but they're with a designated driver, can I still serve them one more drink?' What is the most appropriate and legally sound answer?

Answer options:

  • Yes, as long as they have a designated driver, our liability is covered. ✅ No, your duty is to prevent intoxication, regardless of transportation. Stop service if they show signs of intoxication.
  • Only if the designated driver explicitly states they will ensure the patron does not drive.
  • It's a judgment call; if they're close, it's safer to refuse, but not strictly illegal to serve one more.

Correct answer: No, your duty is to prevent intoxication, regardless of transportation. Stop service if they show signs of intoxication.

Explanation: The presence of a designated driver does NOT absolve the server or licensee of their duty to prevent a patron from becoming intoxicated. Serving an already intoxicated individual is illegal under the LLCA, regardless of their transportation plans. The primary goal is to prevent intoxication and its associated harms, not just impaired driving. Options A, C, and D are incorrect and demonstrate a misunderstanding of a server's legal responsibilities.

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