DWI DETECTION AND SFST PROFESSIONAL
TRAFFIC SAFETY PREP QUESTIONS AND
ACCURATE ANSWERS GRADED A+
●● Consent to taking of specimen - TC 724.011
Answer: (a) If a person is arrested for an offense arising out of acts
alleged to have been committed while the person was operating a motor
vehicle in a public place, or a watercraft, while intoxicated, or an offense
under Section 106.041, Alcoholic Beverage Code , the person is deemed
to have consented, subject to this chapter, to submit to the taking of one
or more specimens of the person's breath or blood for analysis to
determine the alcohol concentration or the presence in the person's body
of a controlled substance, drug, dangerous drug, or other substance.
(b) A person arrested for an offense described by Subsection (a) may
consent to submit to the taking of any other type of specimen to
determine the person's alcohol concentration.
●● Prohibition on taking specimen of person refuses; exception - TC
724.013
Answer: Except as provided by Section 724.012(b), a specimen may not
be taken if a person refuses to submit to the taking of a specimen
designated by a peace officer.
●● Person incapable of refusal - TC 724.014
,Answer: A person who is dead, unconscious, or otherwise incapable of
refusal is considered not to have withdrawn the consent provided by
Section 724.011.
●● T/F: If the person refuses to submit to the taking of the specimen,
that refusal may be admissible in a subsequent prosecution.
Answer: True
●● If the person refuses to submit to the taking of the specimen, the
person's license to operate a motor vehicle will be automatically
suspended, whether or not the person is subsequently prosecuted as a
result of the arrest, for not less than how many days?
Answer: 180
●● If the person refuses to submit to the taking of a specimen, the
officer may apply for a _______ authorizing a specimen to be taken
from the person
Answer: Warrant
●● If the person is 21 years of age or older and submits to the taking of a
specimen designated by the officer and an analysis of the specimen
shows the person had an alcohol concentration of a level specified by
Chapter 49, Penal Code, the person's license to operate a motor vehicle
will be automatically suspended for not less than ____ days.
Answer: 90
,●● If the person is younger than 21 years of age and has any detectable
amount of alcohol in the person's system, the person's license to operate
a motor vehicle will be automatically suspended for not less than how
many days, even if the person submits to the taking of the specimen?
Answer: 60
●● If the officer determines that the person is a resident without a
license to operate a motor vehicle in this state, the department will
_____ to the person the issuance of a license.
Answer: Deny
●● The person has a right to a hearing on the suspension or denial if, not
later than the ___ day after the date on which the person receives the
notice of suspension or denial.
Answer: 15th
●● Breath Specimen - TC 724.016
Answer: (a) A breath specimen taken at the request or order of a peace
officer must be taken and analyzed under rules of the department by an
individual possessing a certificate issued by the department certifying
that the individual is qualified to perform the analysis.
(b) The department may:
, (1) adopt rules approving satisfactory analytical methods; and
(2) ascertain the qualifications of an individual to perform the analysis.
(c) The department may revoke a certificate for cause.
●● Only the following may take a blood specimen at the request or order
of a peace officer under this chapter:
Answer: (1) a physician;
(2) a qualified technician;
(3) a registered professional nurse;
(4) a licensed vocational nurse; or
(5) a licensed or certified emergency medical technician-intermediate or
emergency medical technician-paramedic authorized to take a blood
specimen under Subsection (c).
●● The blood specimen must be taken in a __________ place.
Answer: Sanitary
●● If the blood specimen was taken according to recognized medical
procedures, the person who takes the blood specimen under this chapter,
the facility that employs the person who takes the blood specimen, or the
hospital where the blood specimen is taken is immune from ________
TRAFFIC SAFETY PREP QUESTIONS AND
ACCURATE ANSWERS GRADED A+
●● Consent to taking of specimen - TC 724.011
Answer: (a) If a person is arrested for an offense arising out of acts
alleged to have been committed while the person was operating a motor
vehicle in a public place, or a watercraft, while intoxicated, or an offense
under Section 106.041, Alcoholic Beverage Code , the person is deemed
to have consented, subject to this chapter, to submit to the taking of one
or more specimens of the person's breath or blood for analysis to
determine the alcohol concentration or the presence in the person's body
of a controlled substance, drug, dangerous drug, or other substance.
(b) A person arrested for an offense described by Subsection (a) may
consent to submit to the taking of any other type of specimen to
determine the person's alcohol concentration.
●● Prohibition on taking specimen of person refuses; exception - TC
724.013
Answer: Except as provided by Section 724.012(b), a specimen may not
be taken if a person refuses to submit to the taking of a specimen
designated by a peace officer.
●● Person incapable of refusal - TC 724.014
,Answer: A person who is dead, unconscious, or otherwise incapable of
refusal is considered not to have withdrawn the consent provided by
Section 724.011.
●● T/F: If the person refuses to submit to the taking of the specimen,
that refusal may be admissible in a subsequent prosecution.
Answer: True
●● If the person refuses to submit to the taking of the specimen, the
person's license to operate a motor vehicle will be automatically
suspended, whether or not the person is subsequently prosecuted as a
result of the arrest, for not less than how many days?
Answer: 180
●● If the person refuses to submit to the taking of a specimen, the
officer may apply for a _______ authorizing a specimen to be taken
from the person
Answer: Warrant
●● If the person is 21 years of age or older and submits to the taking of a
specimen designated by the officer and an analysis of the specimen
shows the person had an alcohol concentration of a level specified by
Chapter 49, Penal Code, the person's license to operate a motor vehicle
will be automatically suspended for not less than ____ days.
Answer: 90
,●● If the person is younger than 21 years of age and has any detectable
amount of alcohol in the person's system, the person's license to operate
a motor vehicle will be automatically suspended for not less than how
many days, even if the person submits to the taking of the specimen?
Answer: 60
●● If the officer determines that the person is a resident without a
license to operate a motor vehicle in this state, the department will
_____ to the person the issuance of a license.
Answer: Deny
●● The person has a right to a hearing on the suspension or denial if, not
later than the ___ day after the date on which the person receives the
notice of suspension or denial.
Answer: 15th
●● Breath Specimen - TC 724.016
Answer: (a) A breath specimen taken at the request or order of a peace
officer must be taken and analyzed under rules of the department by an
individual possessing a certificate issued by the department certifying
that the individual is qualified to perform the analysis.
(b) The department may:
, (1) adopt rules approving satisfactory analytical methods; and
(2) ascertain the qualifications of an individual to perform the analysis.
(c) The department may revoke a certificate for cause.
●● Only the following may take a blood specimen at the request or order
of a peace officer under this chapter:
Answer: (1) a physician;
(2) a qualified technician;
(3) a registered professional nurse;
(4) a licensed vocational nurse; or
(5) a licensed or certified emergency medical technician-intermediate or
emergency medical technician-paramedic authorized to take a blood
specimen under Subsection (c).
●● The blood specimen must be taken in a __________ place.
Answer: Sanitary
●● If the blood specimen was taken according to recognized medical
procedures, the person who takes the blood specimen under this chapter,
the facility that employs the person who takes the blood specimen, or the
hospital where the blood specimen is taken is immune from ________
