Servers must be able to estimate BAC because of tolerance, the body’s ability to hide the visible signs of intoxication. Customers with high tolerance can drink large amounts of alcohol and not show signs of visible intoxication, yet still be legally intoxicated because of their BAC level. If you can tell on sight that …
In Oregon, it is illegal to drive with a BAC of .08% or higher.
BAC is the legal standard police and courtsuse to determine levels of intoxication. As a server, you cannot know a customer’s BAC, so you must rely on what you can see.
It is legal to allow an intoxicated person to remain on the premises. He or she must not consume alcohol or even have an alcoholic beverage in front of them.
Servers are not required to first give a verbal warning to the visibly intoxicated person (VIP) when removing the alcohol.
