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sales to intoxicated individuals

State of Indiana DUI Statute

BAC to be found legally intoxicated to operate a vehicle in Indiana is .08%. However, a person can be arrested for OWI with a much lower BAC if he/she is showing signs of intoxication.

IC 7.1-5-10-15

   It is unlawful for a person to sell, barter, deliver, or give away an alcoholic beverage to another person who is in a state of intoxication if the person knows that the other person is intoxicated.

 Class B Misdemeanor

Up to $1,000 fine & Up to 180 days jail

The statute does not mention anything about “mode of transportation”. “Designated Drivers” do not lessen your responsibility to stop serving someone who is showing signs of intoxication. If all else fails, contact law enforcement . You must not serve anyone to a point of intoxication regardless of how he/she arrived at your business, including walking!

Signs of Intoxication

- Odor of alcoholic beverage on breath

- Red, glossy (bloodshot) eyes

- Stumbling, staggering

- Loud, boisterous

- Mood swings

- Inability to count money

- Slurred speech

- Loss of coordination

- Loss of inhibitions

Intoxication does not always come from alcoholic beverages; it can be caused by:

- Prescription Drugs

- Over-the-Counter Medications

- Illegal Substances

- Medical Conditions.

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