SFST WRITTEN 2026 STUDY GUIDE COMPLETE
QUESTIONS AND SOLUTION
◉ Alcoholic beverage Answer: Any beverage containing more than
one-half of one percent of alcohol by volume, which is capable of use
for beverage purposes, either alone or when diluted.
◉ Possession Answer: Means actual care, custody, control, or
management.
◉ Public place Answer: Means any place to which the public or a
substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities,
and shops.
◉ Alcohol concentration Answer: Means the number of grams of
alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
◉ Intoxicated Answer: Means:
,(A) not having the normal use of mental or physical faculties by
reason of the introduction of alcohol, a controlled substance, a drug,
a dangerous drug, a combination of two or more of those substances,
or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
◉ Motor vehicle Answer: Means a device in, on, or by which a person
or property is or may be transported or drawn on a highway, except
a device used exclusively on stationary rails or tracks.
◉ Probable Cause for DWI Arrest
Opinion based on _______ there is probable cause to believe defendant
committed crime of DWI.
*ALL elements of crime need to be present. Answer: totality of
circumstances
◉ Conviction
Criminal offense - establishes facts "_______" Answer: beyond a
reasonable doubt
◉ Conviction
,Civil offense - establishes facts base on "_______" Answer:
preponderance of evidence
◉ Per Se DWI's means: Answer: You can be charged and convicted
solely based on a chemical test (breath, blood) showing your BAC is
at or above the legal limit (usually 0.08%), without needing other
proof of actual impairment, like weaving or slurred speech. However,
thorough documentation is critical.
◉ Per Se means: Answer: "by itself"
◉ DRIVING WHILE INTOXICATED. Answer: (a) A person commits an
offense if the person is intoxicated while operating a motor vehicle
in a public place.
(b) Except as provided by Subsections (c), (d), and (e) and Section
49.09, an offense under this section is a Class B misdemeanor, with a
minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at
the time of the offense the person operating the motor vehicle had
an open container of alcohol in the person's immediate possession,
the offense is a Class B misdemeanor, with a minimum term of
confinement of six days.
(d) If it is shown on the trial of an offense under this section that an
analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time
the analysis was performed, the offense is a Class A misdemeanor.
, (e) If it is shown on the trial of an offense under this section that at
the time of the offense the person was operating the motor vehicle
in a school crossing zone during the time the reduced speed limit
applies to the zone, the offense is a state jail felony. In this
subsection, "school crossing zone" has the meaning assigned by
Section 541.302, Transportation Code.
(TPC 49.04)
◉ Elements of Implied Consent Answer: Operates/controls motor
vehicle
Operator deemed to have given consent to chemical testing
Arrested for DWI
Drivers who refuse are subject to license sancitons
◉ Example of DWI
Driver arrested for DWI
BAC of 0.13
Chemical test evidence introduced at trial:
- Arresting officer's testimony was confusing and unclear Answer:
State was unable to prove all elements beyond a reasonable doubt,
and defendant was released.
◉ Example of DWI
QUESTIONS AND SOLUTION
◉ Alcoholic beverage Answer: Any beverage containing more than
one-half of one percent of alcohol by volume, which is capable of use
for beverage purposes, either alone or when diluted.
◉ Possession Answer: Means actual care, custody, control, or
management.
◉ Public place Answer: Means any place to which the public or a
substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities,
and shops.
◉ Alcohol concentration Answer: Means the number of grams of
alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
◉ Intoxicated Answer: Means:
,(A) not having the normal use of mental or physical faculties by
reason of the introduction of alcohol, a controlled substance, a drug,
a dangerous drug, a combination of two or more of those substances,
or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
◉ Motor vehicle Answer: Means a device in, on, or by which a person
or property is or may be transported or drawn on a highway, except
a device used exclusively on stationary rails or tracks.
◉ Probable Cause for DWI Arrest
Opinion based on _______ there is probable cause to believe defendant
committed crime of DWI.
*ALL elements of crime need to be present. Answer: totality of
circumstances
◉ Conviction
Criminal offense - establishes facts "_______" Answer: beyond a
reasonable doubt
◉ Conviction
,Civil offense - establishes facts base on "_______" Answer:
preponderance of evidence
◉ Per Se DWI's means: Answer: You can be charged and convicted
solely based on a chemical test (breath, blood) showing your BAC is
at or above the legal limit (usually 0.08%), without needing other
proof of actual impairment, like weaving or slurred speech. However,
thorough documentation is critical.
◉ Per Se means: Answer: "by itself"
◉ DRIVING WHILE INTOXICATED. Answer: (a) A person commits an
offense if the person is intoxicated while operating a motor vehicle
in a public place.
(b) Except as provided by Subsections (c), (d), and (e) and Section
49.09, an offense under this section is a Class B misdemeanor, with a
minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at
the time of the offense the person operating the motor vehicle had
an open container of alcohol in the person's immediate possession,
the offense is a Class B misdemeanor, with a minimum term of
confinement of six days.
(d) If it is shown on the trial of an offense under this section that an
analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time
the analysis was performed, the offense is a Class A misdemeanor.
, (e) If it is shown on the trial of an offense under this section that at
the time of the offense the person was operating the motor vehicle
in a school crossing zone during the time the reduced speed limit
applies to the zone, the offense is a state jail felony. In this
subsection, "school crossing zone" has the meaning assigned by
Section 541.302, Transportation Code.
(TPC 49.04)
◉ Elements of Implied Consent Answer: Operates/controls motor
vehicle
Operator deemed to have given consent to chemical testing
Arrested for DWI
Drivers who refuse are subject to license sancitons
◉ Example of DWI
Driver arrested for DWI
BAC of 0.13
Chemical test evidence introduced at trial:
- Arresting officer's testimony was confusing and unclear Answer:
State was unable to prove all elements beyond a reasonable doubt,
and defendant was released.
◉ Example of DWI
