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The review, scheduled to be published in September's Alcoholism: Clinical & Experimental Research, says "obvious intoxication" as defined in some courts is not always the same as "visible intoxication."

"While most people would use these terms interchangeably to mean that someone was clearly drunk, laws in some states differentiate between the terms", lead author John Brick of Intoxikon International in Yardley, Pa., said in a statement.

"For example, in some states 'obvious' intoxication means that if someone has consumed a large number of drinks, it should be obvious that they are intoxicated and not capable of driving", Brick said. "Other state laws define 'visible' intoxication as specific types of behavior, such as trouble walking, slurred speech and other common signs of alcohol intoxication."

Brick said reliable signs of intoxication are present by casual observation at a blood alcohol concentration of 150 mg/dl or more -- even in most alcohol-tolerant -- but signs of visible intoxication in most drinkers are not reliably present at a blood alcohol concentration of less than 150 mg/dl.

"How do you intervene or make an informed decision about driving with someone if they do not appear visibly intoxicated?" Brick asks. "People who are too impaired to drive are not typically staggering, slurring their speech, or presenting gross signs of intoxication."

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