Section 3

Transportation Code Exams

Traffic-stop authority, DWI procedure and implied consent, racing, fleeing, no-insurance, registration, child passenger safety, school bus stop, motorcycle, and CDL rules.

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What the Texas Transportation Code section covers

This Texas Transportation Code practice test draws on 75 questions across 60 topics. Every question carries the statute it comes from and an explanation of why the answer is right, so a missed question points straight at the law to review.

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Texas's implied-consent law (Tex. Transp. Code §724.011) provides that any person who operates a motor vehicle in a public place is deemed to have consented to:

  1. Any search of the vehicle
  2. Submission of one or more specimens of breath or blood for analysis to determine alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance, when arrested for an offense involving operation of a motor vehicle while intoxicated (correct)
  3. Random roadside screenings
  4. Mandatory urine testing

Why: By driving on Texas roads, a person is deemed to have consented to provide breath/blood specimens after an intoxication-offense arrest. Refusal triggers civil license suspension (ALR) but in many cases the State will still seek a search warrant for blood.

Tex. Transp. Code §724.011

How does Tex. Transp. Code §545.421 (fleeing) differ from Tex. Penal Code §38.04 (evading)?

  1. They are the same offense with the same punishment
  2. §545.421 is a Class B misdemeanor traffic offense focused on willful failure to stop; §38.04 is the broader state-jail-felony 'Evading Arrest or Detention' that requires intent to flee from an officer attempting lawful arrest or detention (correct)
  3. §38.04 only applies on foot
  4. §545.421 is always a felony

Why: Both can be charged from the same conduct. §545.421 (fleeing under Transp. Code) is a Class B misdemeanor focused on the willful failure to stop after a signal. §38.04 (evading under Penal Code) requires intentional flight from an officer attempting a lawful arrest or detention; vehicle use makes it a state jail felony.

Tex. Transp. Code §545.421; Tex. Penal Code §38.04

SCENARIO. An officer observes a vehicle traveling 53 in a 40 MPH zone. He activates lights. The vehicle continues for half a mile, then pulls into a private driveway. May the officer make the stop?

  1. No — the vehicle is now on private property
  2. Yes — the violation occurred on the public highway; the officer is not deprived of authority because the driver pulled onto private property to stop (correct)
  3. Only with consent of the property owner
  4. Only with a warrant

Why: The traffic violation occurred on the public roadway, so the officer's authority attaches. Following the vehicle onto private property to complete the stop is permitted.

Tex. Transp. Code chs. 542, 543; common law