An adult driver refuses to give a breath or blood specimen on a first arrest for driving while intoxicated. What is the license suspension?
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A.
90 days
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B.
365 days
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C.
180 days Correct
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D.
Two years
The answer is "180 days"
Refusal on a first offense costs an adult 180 days. The 90-day answer in A belongs to a driver who took the test and blew 0.08 or higher; the two numbers sit a paragraph apart on the same page and get swapped.
The traps in the wrong answers
A. 90 days
90 days is the penalty for submitting to the test and testing at 0.08 or above, not for refusing. This answer swaps the submit-and-fail figure for the refusal figure printed a paragraph away on the same page.
B. 365 days
365 days is the upper cap for a subsequent submit-and-fail, not a first refusal. This answer reaches for the largest single-year figure in the table without matching it to the row that governs a refusal.
D. Two years
The two-year figure belongs to a minor's second refusal, not an adult's first. This answer reads across into the minor's implied-consent table and takes the 2-year cell as if it applied to every driver.
This question tests your knowledge of DUI & Impaired Driving in Texas. Source: Texas Driver Manual, "Implied Consent Laws for Adults," p.58..
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