Alcohol
Sales to Intoxicated Persons
It is unlawful to sell or serve liquor, wine or beer to a person who is, or appears to be, intoxicated. The laws governing the sale of alcoholic beverages to intoxicated people apply to both on- and off-premises licensees - bars, restaurants, hotels, motels, liquor stores, convenience stores, grocery stores, etc.
Although it may be difficult to refuse the sale or service, the consequences that may occur if appropriate action is not taken are significant. Individuals who become intoxicated put themselves and others at risk of injury and harm. Licensees (their employees and agents) who sell or serve an alcoholic beverage to an intoxicated person must realize that their failure to intervene may indirectly injure or kill someone.
Laws governing intoxicated individuals also apply to licensees. Intoxication impairs judgment and interferes with sound business decisions. For this reason, licensees may find it a good business practice not to drink while at work.
Licensees who sell or serve an alcoholic beverage to an intoxicated person are subject to criminal penalties. In addition, administrative proceedings may be initiated for suspension or revocation of the license.
Licensees also may be held civilly liable under Iowa's Dram Shop Act for serving an alcoholic beverage to an intoxicated person who causes damage, injury or death of an innocent party. Licensees can minimize their risk by never serving an alcoholic beverage to a person who is or appears to be intoxicated.
Iowa Code sections §123.49(1), §123.92, §123.93 and 321J.2
Blood-Alcohol Concentration
Blood-Alcohol Concentration (BAC) is a measure used to classify a person's degree of impairment. BAC refers to the amount of alcohol in relation to blood in the body. The more alcohol in a person's blood, the greater the degree of impairment. Under Iowa law, a person is legally intoxicated when the blood-alcohol concentration is .08 or higher, (.02 for people under 21).
Iowa Code sections §123.49(1) and 321J.2
Blood-Alcohol Concentration and Intoxication
An individual’s response to alcohol may vary depending upon their tolerance for alcohol, amount of food intake, fatigue and other factors. An individual’s driving may be impaired after only one drink.
MALE BLOOD ALCOHOL CONCENTRATION GUIDE |
|||||||||
|
Number of
Drinks Per Hour |
PERCENT OF ALCOHOL IN BLOODSTREAM
|
||||||||
|
BODYWEIGHT IN POUNDS
|
|||||||||
|
110
|
120
|
140
|
160
|
180
|
200
|
220
|
240
|
||
|
0
|
ONLY SAFE DRIVING LIMIT
|
||||||||
|
1
|
.04
|
.03
|
.02
|
.02
|
.02
|
.02
|
.02
|
.02
|
Driving
Skills IMPAIRED |
|
2
|
.08
|
.06
|
.05
|
.05
|
.04
|
.04
|
.03
|
.03
|
|
|
3
|
.11
|
.09
|
.08
|
.07
|
.06
|
.06
|
.05
|
.05
|
|
|
4
|
.15
|
.12
|
.11
|
.09
|
.08
|
.08
|
.07
|
.06
|
|
|
5
|
.19
|
.16
|
.13
|
.12
|
.11
|
.09
|
.09
|
.08
|
LEGALLY DRUNK IN IOWA and most states
|
|
6
|
.23
|
.19
|
.16
|
.14
|
.13
|
.11
|
.10
|
.09
|
|
|
7
|
.26
|
.22
|
.19
|
.16
|
.15
|
.13
|
.12
|
.11
|
|
|
8
|
.30
|
.25
|
.21
|
.19
|
.17
|
.15
|
.14
|
.13
|
|
|
9
|
.34
|
.28
|
.24
|
.21
|
.19
|
.17
|
.15
|
.14
|
|
FEMALE BLOOD ALCOHOL CONCENTRATION GUIDE |
|||||||||
|
Number of
Drinks Per Hour |
PERCENT OF ALCOHOL IN BLOODSTREAM
|
||||||||
|
BODYWEIGHT IN POUNDS
|
|||||||||
|
100
|
120
|
140
|
160
|
180
|
200
|
220
|
240
|
||
|
0
|
ONLY SAFE DRIVING LIMIT
|
||||||||
|
1
|
.05
|
.04
|
.03
|
.03
|
.03
|
.02
|
.02
|
.02
|
Driving
Skills IMPAIRED |
|
2
|
.09
|
.08
|
.07
|
.06
|
.05
|
.05
|
.04
|
.04
|
|
|
3
|
.14
|
.11
|
.10
|
.09
|
.08
|
.07
|
.06
|
.06
|
|
|
4
|
.18
|
.15
|
.13
|
.11
|
.10
|
.09
|
.08
|
.08
|
LEGALLY
DRUNK IN IOWA and most states |
|
5
|
.23
|
.19
|
.16
|
.14
|
.13
|
.11
|
.10
|
.09
|
|
|
6
|
.27
|
.23
|
.19
|
.17
|
.15
|
.14
|
.12
|
.11
|
|
|
7
|
.32
|
.27
|
.23
|
.20
|
.18
|
.16
|
.14
|
.13
|
|
|
8
|
.36
|
.30
|
.26
|
.23
|
.20
|
.18
|
.17
|
.15
|
|
|
9
|
.41
|
.34
|
.29
|
.26
|
.23
|
.20
|
.19
|
.17
|
|
Note: The data on the charts is indicative of only one hour of alcohol consumption. Consuming multiple drinks per hour over a period of more than one hour would render a person’s Blood Alcohol Content significantly higher than the data listed on the chart for one hour of consumption.
