TX DMV Alcohol and Drug Impairment Laws 3 — Questions and Answers
Question 1: Under Texas implied consent law, refusing a breath or blood test after a DWI arrest results in an automatic license suspension of:
- 90 days
- 120 days
- 180 days (Correct answer)
- 1 year
Correct answer: 180 days
A first refusal under Texas implied consent law triggers a 180-day administrative license suspension.
Question 2: In Texas, what is the BAC limit for drivers under 21 years of age?
- 0.08%
- 0.04%
- 0.02%
- Any detectable amount (Correct answer)
Correct answer: Any detectable amount
Texas's zero-tolerance law prohibits drivers under 21 from having any detectable amount of alcohol in their system.
Question 3: A DWI with a child passenger under 15 in the vehicle in Texas is charged as:
- Class A misdemeanor
- Class B misdemeanor
- State jail felony (Correct answer)
- Third-degree felony
Correct answer: State jail felony
Driving while intoxicated with a passenger younger than 15 is a state jail felony in Texas.
Question 4: How many hours must pass before alcohol is typically eliminated from the body enough to drive safely at a rate of one standard drink per hour?
- 30 minutes
- 1 hour (Correct answer)
- 2 hours
- 3 hours
Correct answer: 1 hour
The body metabolizes approximately one standard drink per hour, though individual rates vary.
Question 5: Under Texas law, which of the following counts as 'one standard drink' for impairment purposes?
- 24 oz of regular beer
- 5 oz of wine (Correct answer)
- 3 oz of distilled spirits
- 10 oz of wine
Correct answer: 5 oz of wine
One standard drink is 12 oz of regular beer, 5 oz of wine, or 1.5 oz of distilled spirits.
Question 6: Texas law allows police to obtain a mandatory blood draw without a warrant in a DWI case when:
- The driver refuses a breath test
- A fatality or serious injury occurred (Correct answer)
- The driver has a prior DWI conviction
- The stop occurred at a sobriety checkpoint
Correct answer: A fatality or serious injury occurred
When a crash involves a fatality or serious bodily injury, Texas law allows a warrantless mandatory blood draw.
Question 7: What is the maximum fine for a first DWI offense in Texas (excluding surcharges)?
- $500
- $1,000
- $2,000 (Correct answer)
- $4,000
Correct answer: $2,000
The maximum fine for a first-offense DWI in Texas is $2,000, plus additional fees and surcharges.
Under Texas implied consent law, refusing a breath or blood test after a DWI arrest results in an automatic license suspension of: