An adult driver’s BAC is below .08, but alcohol has impaired normal abilities. Does being below .08 guarantee lawful driving?
Correct answer: No; impairment can establish intoxication regardless of BAC
Texas recognizes intoxication from loss of normal faculties due to alcohol or other drugs as well as the .08 threshold. Below .08 is not a safe-driving guarantee.
Source: TxDOT Texas Road Tips 2024 — Driving While Intoxicated, printed pages 8–9; Underage Drinking, pages 18–19 ↗
A 20-year-old drives in public with a detectable amount of alcohol in the system. Which rule applies?
Correct answer: Texas’s zero-tolerance rule for drivers under 21
Texas prohibits a driver under 21 from operating with any detectable alcohol. Do not confuse this with the adult .08 BAC threshold.
Source: TxDOT Texas Road Tips 2024 — Driving While Intoxicated, printed pages 8–9; Underage Drinking, pages 18–19 ↗
Before an evening involving alcohol, which plan best prevents impaired driving?
Correct answer: Arrange a sober driver or another sober ride before drinking
Arrange transportation before drinking. A shorter route, slower speed or a friend’s impression does not remove impairment.
Source: TxDOT Texas Road Tips 2024 — Driving While Intoxicated, printed pages 8–9; Underage Drinking, pages 18–19 ↗
A driver has taken a drug that impairs normal driving abilities but has consumed no alcohol. Is driving automatically safe and lawful?
Correct answer: No; impairment from drugs also matters
The Texas intoxication definition is not restricted to alcohol. Medication and other drugs can affect driving ability even when no alcohol was consumed.
Source: TxDOT Texas Road Tips 2024 — Driving While Intoxicated, printed pages 8–9; Underage Drinking, pages 18–19 ↗
For ordinary noncommercial driving, what alcohol concentration meets the numeric Texas definition of intoxication?
Correct answer: 0.08 or more
An alcohol concentration of 0.08 or more meets the numeric definition. Loss of normal mental or physical faculties from alcohol or other substances can also establish intoxication below that number.
Source: Texas Penal Code §49.01(2) ↗
Under the rule effective September 2025, DWI in a school crossing zone while its reduced speed limit applies is classified as what?
Correct answer: A state jail felony
Texas added a state-jail-felony classification for DWI in a school crossing zone during the time its reduced speed limit applies. This is separate from merely exceeding a school-zone speed limit.
Source: Texas Penal Code §49.04(e), effective September 1, 2025 ↗
An adult knowingly holds an open beer in the passenger area of an ordinary private car parked on a public road. Does parking avoid the open-container rule?
Correct answer: No; the rule also applies to a stopped or parked car
The open-container offense covers an ordinary vehicle on a public highway whether moving, stopped or parked. It is not limited to a driver who is intoxicated.
Source: Texas Penal Code §49.031(b) ↗
A partly consumed bottle of wine still contains wine but its cap has been screwed back on. Is it an open container under Texas law?
Correct answer: Yes; an opened bottle with alcohol remaining qualifies
The definition includes a container that has been opened, has a broken seal or has had some contents removed. Replacing its cap does not make it unopened.
Source: Texas Penal Code §49.031(a)(1) ↗
An adult needs to transport an opened bottle of wine in a sedan. Which location is excluded from the passenger area by the Texas open-container statute?
Correct answer: The trunk
The trunk is excluded from the statutory passenger area. The exclusion does not make drinking while driving or driving impaired lawful.
Source: Texas Penal Code §49.031(a)(2) ↗
An intoxicated driver operates a vehicle in public with a 14-year-old passenger. What classification applies to DWI with that child passenger?
Correct answer: A state jail felony
Driving while intoxicated with a passenger younger than 15 is a state jail felony under this provision. A child restraint does not remove the DWI offense.
Source: Texas Penal Code §49.045 ↗
A first DWI case involves a specimen analysis showing 0.15 alcohol concentration, with no separate felony circumstance. How does the statute classify that DWI?
Correct answer: Class A misdemeanor
An analysis showing an alcohol concentration of 0.15 or more raises the classification under §49.04(d) to a Class A misdemeanor. Other circumstances can create further enhancements.
Source: Texas Penal Code §49.04(d) ↗
For a basic DWI under §49.04(b), without the listed enhancements, what minimum confinement term does the statute specify?
Correct answer: 72 hours
The basic Class B provision specifies a minimum confinement term of 72 hours. Open-container, higher-alcohol, school-zone and prior-offense provisions can change the applicable classification or penalty.
Source: Texas Penal Code §49.04(b) ↗
A DWI case under §49.04(c) includes an open alcoholic container in the driver’s immediate possession. What minimum confinement term does that provision specify?
Correct answer: Six days
Section 49.04(c) specifies a minimum of six days for this DWI circumstance. This is different from the separate open-container possession offense alone.
Source: Texas Penal Code §49.04(c) ↗
How does the Administrative License Revocation process relate to the criminal DWI case?
Correct answer: It is a separate civil administrative process
DPS describes ALR as a civil administrative process separate from criminal DWI proceedings. The same arrest can lead to both a licensing action and a criminal case.
Source: DPS ALR Program — introduction and suspension note ↗
Following a qualifying DWI arrest, a driver refuses the requested blood or breath specimen. Does that guarantee the driver can keep driving?
Correct answer: No; refusal can trigger an ALR suspension
Refusing or failing to complete a requested blood or breath test after a qualifying arrest can lead to a license suspension through ALR. Refusal does not preserve driving privileges automatically.
Source: DPS ALR Program — qualifying blood or breath test refusal ↗
DPS says you have been served an ALR suspension notice. What is the usual deadline from service to request a hearing?
Correct answer: 15 days
The DPS ALR page states 15 days from service of the notice to request a hearing. Read the actual notice: a later mailed notice following blood results has a different stated deadline.
Source: DPS ALR Program — process, served notice and Hearings for ALR ↗
After delayed blood-test results, DPS mails a Notice of Suspension. What hearing-request period does DPS list from the mailing date?
Correct answer: 20 days
For the mailed notice following blood-test results, DPS lists 20 days from mailing to request a hearing. Do not confuse this with 15 days for a notice served on the driver.
Source: DPS ALR Program — process, blood test results and mailed notice ↗
Your mandatory ALR suspension period has ended. Before assuming you may drive, what should you check?
Correct answer: DPS eligibility and any outstanding reinstatement requirements
DPS updates eligibility after the mandatory period ends and all compliance items have been processed. Fees or other requirements can remain; the end date alone is not proof of eligibility.
Source: DPS ALR Program — Driver Eligibility Status ↗
Does an ALR suspension automatically grant permission to drive to work?
Correct answer: No; an occupational license may require a separate application
DPS says a person may be eligible to apply for an occupational license for noncommercial driving. Eligibility or employment is not itself an issued authorization to drive.
Source: DPS ALR Program — Occupational License ↗
