Besides intoxication at 0.08 BAC, what else makes a driver over the Texas legal limit?

Any amount that causes loss of normal use of mental or physical faculties

Any amount above 0.05 if the driver is tired

Nothing else, only a BAC of 0.08 or more counts

When is it illegal to have an open container of alcohol in the passenger area of a vehicle on a public highway?

Whether the vehicle is moving, stopped or parked

Only while the vehicle is moving

Only if the driver has been drinking

Can caffeine make a drunk driver sober enough to drive?

No, it does not improve a drunk driver’s ability

Yes, if the driver drinks enough of it

What happens to judgment and vision as one of the first effects of alcohol or drugs?

Judgment is lost and sight is impaired

Vision sharpens while judgment slows

Only coordination is affected at first

What does alcohol do when combined with tranquilizers or barbiturates?

It increases their depressant effects

Why is alcohol especially risky when you have also taken another drug?

It can mask the effects of the other drug

It speeds up how fast the drug leaves the body

Which over-the-counter medicines does the handbook warn can cause drowsiness?

Antihistamines and cold preparations

What does research show about typical social doses of marijuana and driving?

They can affect concentration and judgment

They only affect drivers under 21

How does heavy amphetamine use affect a driver?

It makes the driver less coordinated and edgy

It makes the driver safer by staying awake

It improves the driver’s reaction time

Under zero tolerance, when does a minor commit Driving Under the Influence of Alcohol by a Minor?

When any detectable amount of alcohol is in the minor’s system while driving

Only when the minor’s BAC is 0.08 or more

Only when the minor’s BAC is 0.02 or more

A minor under 18 is convicted of a first alcohol offense. Who else may be required to attend the alcohol awareness course?

The person who sold the alcohol

What may happen to the case of a minor under 17 convicted of a third non-driving alcohol offense?

It can be transferred to Juvenile Court

Can a minor get deferred disposition on a third non-driving alcohol conviction?

No, not on the third or any later conviction

Yes, if the minor takes a course

A minor suspended for a non-driving alcohol offense is convicted of a moving violation. What penalties apply?

The penalties for Driving While License Invalid

The same fine as any other driver

Under implied consent, what has a minor arrested for driving while intoxicated agreed to give?

One or more breath or blood specimens

Besides alcohol, what can a breath or blood specimen identify?

Other controlled substances or drugs

Only the time of the last drink

How can a minor contest a license suspension for refusing or failing a specimen test?

Request a hearing before a hearing officer

After a third DUI at age 17 to 21, how long is the license suspended?

One year, or 90 days with an ignition interlock device

60 days, or 30 days with a course

A driver convicted of a first DWI also had an open container of alcohol. What changes?

The minimum jail time rises to six days

What kind of offense is a third DWI?

A third degree felony with 2 to 10 years in prison

A Class A misdemeanor with up to 1 year in jail

A Class B misdemeanor with up to 180 days in jail

How long is the confinement for DWI with a passenger under 15?

180 days to 2 years in state jail

Alcohol and drugs

Practice this topic61 questions

Questions and answers

In Texas, at what blood alcohol concentration (BAC) is a person age 21 or older legally intoxicated?

0.08 or more

A driver 21 or older with a BAC of 0.08 or more is legally intoxicated in Texas.
Chapter 10 · The Number One Killer is Alcohol ↗PDF, 29 MB
How much blood alcohol does Texas law allow for a driver under 21?

None at all

Texas allows no amount of alcohol in the blood of a minor who drives.
Chapter 10 · The Number One Killer is Alcohol ↗PDF, 29 MB
Besides intoxication at 0.08 BAC, what else makes a driver over the Texas legal limit?

Any amount that causes loss of normal use of mental or physical faculties

The legal limit is 0.08 BAC or any amount of alcohol that takes away the normal use of your mental or physical faculties.
Chapter 10 · Know Your Legal Limit ↗PDF, 29 MB
According to the handbook, how high can some fines for DWI and DUI range?

As high as $10,000

Some DWI and DUI fines reach $10,000, before bail, attorney and court costs.
Chapter 10 · The Number One Killer is Alcohol ↗PDF, 29 MB
When is it illegal to have an open container of alcohol in the passenger area of a vehicle on a public highway?

Whether the vehicle is moving, stopped or parked

The open container law applies on a public highway whether the vehicle is being driven, stopped or parked.
Chapter 10 · Open Container ↗PDF, 29 MB
What is the maximum fine for an open container conviction?

$500

Possessing an open container in the passenger area is punishable by a fine of up to $500.
Chapter 10 · Open Container ↗PDF, 29 MB
What is the only thing that reduces the effects of alcohol in your body?

Time

Cold showers, black coffee and exercise do not sober a person. Only time does.
Chapter 10 · Myths about Drinking Alcohol ↗PDF, 29 MB
About how long does it take the body to get rid of the alcohol in one drink?

About one hour

The body needs about one hour to get rid of each drink consumed.
Chapter 10 · Myths about Drinking Alcohol ↗PDF, 29 MB
Can caffeine make a drunk driver sober enough to drive?

No, it does not improve a drunk driver’s ability

Caffeine may help a drowsy driver stay alert, but it cannot make a drunk driver sober.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
What happens to judgment and vision as one of the first effects of alcohol or drugs?

Judgment is lost and sight is impaired

One of the first effects is the loss of judgment along with impaired sight, which slows reactions.
Chapter 10 · Chapter 10: Alcohol and Drug Impact on the Driving Ability ↗PDF, 29 MB
What kind of drug is alcohol?

A depressant

Alcohol is a depressant that affects coordination, judgment, perception and emotional state.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
What does alcohol do when combined with tranquilizers or barbiturates?

It increases their depressant effects

Alcohol adds to the depressant effects of tranquilizers and barbiturates, which makes mixing them dangerous.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
Why is alcohol especially risky when you have also taken another drug?

It can mask the effects of the other drug

Alcohol both increases and hides the effects of other drugs, raising the risk of poor decisions.
Chapter 10 · Chapter 10: Alcohol and Drug Impact on the Driving Ability ↗PDF, 29 MB
Who should you check with before taking more than one type of drug?

A doctor or pharmacist

Before mixing drugs, especially tranquilizers or sedatives, ask a doctor or pharmacist.
Chapter 10 · Chapter 10: Alcohol and Drug Impact on the Driving Ability ↗PDF, 29 MB
Which over-the-counter medicines does the handbook warn can cause drowsiness?

Antihistamines and cold preparations

Read labels and be careful with antihistamines, cold medicines and anything that relaxes you or promotes sleep.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
What does research show about typical social doses of marijuana and driving?

They can affect concentration and judgment

Even typical social doses of marijuana can affect concentration, judgment and the sensory skills needed to drive.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
How does heavy amphetamine use affect a driver?

It makes the driver less coordinated and edgy

Amphetamines may keep a driver awake, but they also reduce coordination and make a crash more likely.
Chapter 10 · Table 25: Alcohol and Other Types of Drugs ↗PDF, 29 MB
Under the Texas Alcohol Beverage Code, who is a minor?

Anyone under 21 years of age

For alcohol laws, a minor is any person under 21.
Chapter 10 · Zero Tolerance for Minors ↗PDF, 29 MB
Under zero tolerance, when does a minor commit Driving Under the Influence of Alcohol by a Minor?

When any detectable amount of alcohol is in the minor’s system while driving

A minor who drives in a public place with any detectable alcohol commits the offense, even if not legally intoxicated.
Chapter 10 · Zero Tolerance for Minors ↗PDF, 29 MB
What is the maximum fine for a person who sells or furnishes alcohol to a minor?

$4,000

Anyone who buys, furnishes or sells alcohol to a minor can be fined up to $4,000 and jailed up to one year.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
How long can a person who furnishes alcohol to a minor be jailed?

Up to one year

Furnishing alcohol to a minor can bring up to one year in jail as well as a fine.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
For a minor’s first non-driving alcohol offense, such as possessing alcohol, how many hours of community service apply?

8 to 12 hours

A first non-driving alcohol offense brings 8 to 12 hours of community service and an alcohol awareness course.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
For a minor’s first non-driving alcohol offense, how long is the license suspended?

30 days

The license is suspended, or the privilege denied if unlicensed, for 30 days on a first non-driving offense.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
A minor under 18 is convicted of a first alcohol offense. Who else may be required to attend the alcohol awareness course?

A parent

When the minor is under 18, a parent may also have to attend the alcohol awareness course.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
For a minor’s second non-driving alcohol offense, how long is the license suspended?

60 days

A second non-driving alcohol offense brings a 60-day suspension and 20 to 40 hours of community service.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
For a minor’s second non-driving alcohol offense, how many hours of community service apply?

20 to 40 hours

The second non-driving offense carries 20 to 40 hours of community service.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
What is the fine range for a third non-driving alcohol offense by a minor aged 17 to 21?

$250 to $2,000

At 17 to 21, the third offense is a Class B misdemeanor with a fine of $250 to $2,000.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
A minor aged 17 to 21 is convicted of a third non-driving alcohol offense. How long is the license suspended?

180 days

The third offense at 17 to 21 brings a 180-day suspension and up to 180 days in jail.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
What may happen to the case of a minor under 17 convicted of a third non-driving alcohol offense?

It can be transferred to Juvenile Court

For a minor under 17, a third non-driving alcohol offense can be transferred to Juvenile Court.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
Can a minor get deferred disposition on a third non-driving alcohol conviction?

No, not on the third or any later conviction

Minors are not eligible for deferred disposition or adjudication on the third conviction or any after.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
A minor suspended for a non-driving alcohol offense is convicted of a moving violation. What penalties apply?

The penalties for Driving While License Invalid

Driving and committing a moving violation during such a suspension brings Driving While License Invalid penalties.
Chapter 10 · Penalties for Non-Driving Alcohol-Related Offenses by Minors ↗PDF, 29 MB
Under implied consent, what has a minor arrested for driving while intoxicated agreed to give?

One or more breath or blood specimens

By driving, a minor implies consent to give breath or blood specimens if arrested or found with alcohol in the system.
Chapter 10 · Implied Consent Laws for Minors ↗PDF, 29 MB
Besides alcohol, what can a breath or blood specimen identify?

Other controlled substances or drugs

The specimen shows whether alcohol is present, how much, and whether other drugs are present.
Chapter 10 · Implied Consent Laws for Minors ↗PDF, 29 MB
A minor refuses to give a breath or blood specimen for the first time. How long is the license suspended?

180 days

A first refusal by a minor brings a 180-day suspension.
Chapter 10 · Table 27: Penalties for Refusal to Provide a Specimen - Minors ↗PDF, 29 MB
How long is a minor’s license suspended for a second or later refusal to give a specimen?

2 years

A second or later refusal by a minor brings a two-year suspension.
Chapter 10 · Table 27: Penalties for Refusal to Provide a Specimen - Minors ↗PDF, 29 MB
A minor’s first specimen shows a detectable amount of alcohol below 0.08. How long is the license suspended?

60 days

A first failure with any detectable alcohol brings a 60-day suspension.
Chapter 10 · Table 28: Minor Provided Specimen Confirming Detectable Amount of Alcohol (failure) ↗PDF, 29 MB
How long is the suspension for a minor’s second specimen showing a detectable amount of alcohol?

120 days

A second failure brings a 120-day suspension, and a third or later brings 180 days.
Chapter 10 · Table 28: Minor Provided Specimen Confirming Detectable Amount of Alcohol (failure) ↗PDF, 29 MB
How can a minor contest a license suspension for refusing or failing a specimen test?

Request a hearing before a hearing officer

A minor may ask for a hearing before a hearing officer to contest the suspension.
Chapter 10 · Table 28: Minor Provided Specimen Confirming Detectable Amount of Alcohol (failure) ↗PDF, 29 MB
How many hours of community service apply to a minor’s first DUI offense?

20 to 40 hours

A first DUI by a minor is a Class C misdemeanor with up to $500 fine, 20 to 40 hours of service and a required course.
Chapter 10 · Table 29: Penalties for Driving Under the Influence (DUI) of Alcohol and Drugs– Minors ↗PDF, 29 MB
How many hours of community service apply to a minor’s second DUI offense?

40 to 60 hours

A second DUI by a minor carries 40 to 60 hours of community service.
Chapter 10 · Table 29: Penalties for Driving Under the Influence (DUI) of Alcohol and Drugs– Minors ↗PDF, 29 MB
What is the fine range for a third DUI offense by a minor aged 17 to 21?

$500 to $2,000

At 17 to 21, a third DUI is a Class B misdemeanor with a fine of $500 to $2,000.
Chapter 10 · Table 29: Penalties for Driving Under the Influence (DUI) of Alcohol and Drugs– Minors ↗PDF, 29 MB
After a third DUI at age 17 to 21, how long is the license suspended?

One year, or 90 days with an ignition interlock device

The suspension is one year, or 90 days if a judge orders an ignition interlock device.
Chapter 10 · Table 29: Penalties for Driving Under the Influence (DUI) of Alcohol and Drugs– Minors ↗PDF, 29 MB
What is the jail range for a first DWI offense?

72 hours to 180 days

A first DWI is a Class B misdemeanor with 72 hours to 180 days in jail.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
Under the minors’ DWI table, how long is the license suspended for a first DWI without an ignition interlock order?

365 days

A first DWI brings a 365-day suspension, or 90 days with a judge’s order for an ignition interlock device.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
A driver convicted of a first DWI also had an open container of alcohol. What changes?

The minimum jail time rises to six days

An open container raises the minimum confinement for a first DWI to six days.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
On which DWI offense may the court probate the jail sentence and waive the license suspension?

The first offense only

Probating jail and waiving the suspension is possible only on a first DWI.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
What is the maximum fine for a second DWI offense?

$4,000

A second DWI is a Class A misdemeanor with a fine of up to $4,000.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
What is the jail range for a second DWI offense?

30 days to 1 year

A second DWI brings 30 days to one year in jail.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
What kind of offense is a third DWI?

A third degree felony with 2 to 10 years in prison

A third DWI and every one after is a third degree felony, with 2 to 10 years in the Texas Department of Criminal Justice.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
A person drives while intoxicated with a passenger under 15. What kind of offense is it?

A state jail felony

DWI with a passenger under 15 is a state jail felony with 180 days to 2 years in state jail.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
How long is the confinement for DWI with a passenger under 15?

180 days to 2 years in state jail

DWI with a passenger under 15 brings 180 days to two years in state jail.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
What is the prison range for intoxication manslaughter?

2 to 20 years

Intoxication manslaughter is a second degree felony with 2 to 20 years in prison.
Chapter 10 · Table 31: Penalties for DWI and DUI of Alcohol or Drugs-Adults ↗PDF, 29 MB
What kind of offense is intoxication assault?

A third degree felony

Intoxication assault is a third degree felony with 2 to 10 years in prison.
Chapter 10 · Table 30: Penalties for Driving While Intoxicated (Alcohol) – Minors ↗PDF, 29 MB
An adult refuses a breath or blood test for the first time. How long is the license suspended?

180 days

Refusing a specimen brings a 180-day suspension, and up to 730 days for later offenses.
Chapter 10 · Implied Consent Laws for Adults ↗PDF, 29 MB
For subsequent refusals to give a specimen, how long can an adult’s license be suspended?

Up to 730 days

A later refusal can bring a suspension of up to 730 days.
Chapter 10 · Implied Consent Laws for Adults ↗PDF, 29 MB
An adult’s test shows a BAC of 0.08 or greater. How long may the license be suspended on a first offense?

90 days

A test result of 0.08 or more brings a 90-day suspension, and up to 365 days for later offenses.
Chapter 10 · Implied Consent Laws for Adults ↗PDF, 29 MB
What is the maximum fine for an adult’s first DWI offense?

$2,000

A first adult DWI carries a fine of up to $2,000 and 72 hours to 180 days in jail.
Chapter 10 · Table 31: Penalties for DWI and DUI of Alcohol or Drugs-Adults ↗PDF, 29 MB
How long is the license suspension for an adult’s second DWI offense?

180 days to 2 years

A second adult DWI brings a suspension of 180 days to two years, along with up to $4,000 fine.
Chapter 10 · Table 31: Penalties for DWI and DUI of Alcohol or Drugs-Adults ↗PDF, 29 MB
Which of these contains about the same amount of alcohol as a 12 ounce can of beer?

A 5 ounce glass of wine

A 12 ounce beer, a 5 ounce glass of wine and a mixed drink with 1.5 ounces of liquor hold about the same alcohol.
Chapter 10 · Table 32: Alcohol and Driving. Why Take the Risk? ↗PDF, 29 MB
How much liquor is in a mixed drink that counts as one drink?

1.5 ounces

One drink can be a mixed drink with 1.5 ounces of liquor, about the same alcohol as a 12 ounce beer.
Chapter 10 · Table 32: Alcohol and Driving. Why Take the Risk? ↗PDF, 29 MB
What may insurance companies offer drivers who complete drug and alcohol awareness courses?

Liability insurance discounts

Some insurers give liability insurance discounts to drivers who complete these courses.
Chapter 10 · Know Your Legal Limit ↗PDF, 29 MB

Alcohol and drugs

Questions and answers

In Texas, at what blood alcohol concentration (BAC) is a person age 21 or older legally intoxicated?

How much blood alcohol does Texas law allow for a driver under 21?

Besides intoxication at 0.08 BAC, what else makes a driver over the Texas legal limit?

According to the handbook, how high can some fines for DWI and DUI range?

When is it illegal to have an open container of alcohol in the passenger area of a vehicle on a public highway?

What is the maximum fine for an open container conviction?

What is the only thing that reduces the effects of alcohol in your body?

About how long does it take the body to get rid of the alcohol in one drink?

Can caffeine make a drunk driver sober enough to drive?

What happens to judgment and vision as one of the first effects of alcohol or drugs?

What kind of drug is alcohol?

What does alcohol do when combined with tranquilizers or barbiturates?

Why is alcohol especially risky when you have also taken another drug?

Who should you check with before taking more than one type of drug?

Which over-the-counter medicines does the handbook warn can cause drowsiness?

What does research show about typical social doses of marijuana and driving?

How does heavy amphetamine use affect a driver?

Under the Texas Alcohol Beverage Code, who is a minor?

Under zero tolerance, when does a minor commit Driving Under the Influence of Alcohol by a Minor?

What is the maximum fine for a person who sells or furnishes alcohol to a minor?

How long can a person who furnishes alcohol to a minor be jailed?

For a minor’s first non-driving alcohol offense, such as possessing alcohol, how many hours of community service apply?

For a minor’s first non-driving alcohol offense, how long is the license suspended?

A minor under 18 is convicted of a first alcohol offense. Who else may be required to attend the alcohol awareness course?

For a minor’s second non-driving alcohol offense, how long is the license suspended?

For a minor’s second non-driving alcohol offense, how many hours of community service apply?

What is the fine range for a third non-driving alcohol offense by a minor aged 17 to 21?

A minor aged 17 to 21 is convicted of a third non-driving alcohol offense. How long is the license suspended?

What may happen to the case of a minor under 17 convicted of a third non-driving alcohol offense?

Can a minor get deferred disposition on a third non-driving alcohol conviction?

A minor suspended for a non-driving alcohol offense is convicted of a moving violation. What penalties apply?

Under implied consent, what has a minor arrested for driving while intoxicated agreed to give?

Besides alcohol, what can a breath or blood specimen identify?

A minor refuses to give a breath or blood specimen for the first time. How long is the license suspended?

How long is a minor’s license suspended for a second or later refusal to give a specimen?

A minor’s first specimen shows a detectable amount of alcohol below 0.08. How long is the license suspended?

How long is the suspension for a minor’s second specimen showing a detectable amount of alcohol?

How can a minor contest a license suspension for refusing or failing a specimen test?

How many hours of community service apply to a minor’s first DUI offense?

How many hours of community service apply to a minor’s second DUI offense?

What is the fine range for a third DUI offense by a minor aged 17 to 21?

After a third DUI at age 17 to 21, how long is the license suspended?

What is the jail range for a first DWI offense?

Under the minors’ DWI table, how long is the license suspended for a first DWI without an ignition interlock order?

A driver convicted of a first DWI also had an open container of alcohol. What changes?

On which DWI offense may the court probate the jail sentence and waive the license suspension?

What is the maximum fine for a second DWI offense?

What is the jail range for a second DWI offense?

What kind of offense is a third DWI?

A person drives while intoxicated with a passenger under 15. What kind of offense is it?

How long is the confinement for DWI with a passenger under 15?

What is the prison range for intoxication manslaughter?

What kind of offense is intoxication assault?

An adult refuses a breath or blood test for the first time. How long is the license suspended?

For subsequent refusals to give a specimen, how long can an adult’s license be suspended?

An adult’s test shows a BAC of 0.08 or greater. How long may the license be suspended on a first offense?

What is the maximum fine for an adult’s first DWI offense?

How long is the license suspension for an adult’s second DWI offense?

Which of these contains about the same amount of alcohol as a 12 ounce can of beer?

How much liquor is in a mixed drink that counts as one drink?

What may insurance companies offer drivers who complete drug and alcohol awareness courses?

Questions and answers by topic