"Visibly intoxicated" is defined in the Dram Shop act at N.J.S.A. 2A:22A-3 and in the Social Host statute at N.J.S.A. 2A:15-5.5. The definition is "a state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication."

There is general consensus that a person with a BAC of .14%-.16% will be visibly intoxicated.