What is the legal definition of “over-serving”?

In New Mexico, “over-serving” refers to the illegal practice of serving alcohol to someone who is already visibly intoxicated. It is illegal for any person, bar, or restaurant to sell or serve alcohol to an individual who is visibly intoxicated, meaning someone who displays signs of intoxication including, but not limited to, slurred speech, difficulty standing, or loud or aggressive behavior. This definition applies to anyone selling or serving alcohol in the state of New Mexico, not just bartenders or servers in bars and restaurants. It is important to note that anyone over the legal drinking age of 21 in New Mexico is allowed to consume alcohol, and it is not illegal for someone to become visibly intoxicated in public —so long as they did not obtain the alcohol from an establishment. However, if an individual who is already visibly intoxicated enters a restaurant or bar, the staff must refuse to serve them any additional alcohol, even if the individual is of legal drinking age. In the state of New Mexico, over-serving is a specific offense that is governed by Liquor Liability Law, and those found liable of over-serving may be held accountable for any damages or injuries caused by the intoxicated person. For this reason, it is important for anyone in the hospitality industry to understand and abide by the laws set forth for the legal sale and serving of alcohol in New Mexico.

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What is the legal definition of “over-serving”?

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