Texas Commission on Law Enforcement (TCOLE) Practice Exam

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The "Illegal Per Se" law makes it an offense to operate a motor vehicle while ________.

  1. Under the legal BAC limit

  2. Having a statutorily prohibited blood alcohol content

  3. Only after consuming alcohol

  4. None of the above

The correct answer is: Having a statutorily prohibited blood alcohol content

The "Illegal Per Se" law establishes that it is an offense to operate a motor vehicle when a person's blood alcohol content (BAC) is at or above a specific, statutorily defined limit, which in Texas is typically 0.08% or higher. This means that if an individual is found to have a BAC at or above this threshold, they can be charged with driving while intoxicated (DWI), regardless of whether their driving behavior is impaired. Understanding this law is crucial as it shifts the focus from whether a driver's能力was impaired to the measurable amount of alcohol present in the driver's system. The other options do not align with the definition of the "Illegal Per Se" law. Being under the legal BAC limit does not constitute an offense, and simply consuming alcohol does not automatically lead to charges unless the BAC reaches the prohibited level.