Under Texas law, a driver arrested after a minor crash for driving while intoxicated can face a criminal DWI charge, separate reckless driving and license counts, and an automatic driver’s license suspension process that begins the day of the arrest. Fort Lauderdale rapper Ski Mask The Slump God, born Stokeley Clevon Goulbourne, was booked into the Broward County Main Jail on September 17 after a Florida Highway Patrol stop and now faces 11 counts, including DUI, DUI with property damage, reckless driving, and operating a vehicle without a valid license. He was released on a bond of nearly $9,000 and said on social media that he "barely tapped one person," got out to check on them, and that nobody was hurt. His case is in Florida, but the same arrest in Frisco or anywhere in the Dallas-Fort Worth area would play out under a very different set of Texas rules.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
What Counts as DWI Under Texas Law?
A person commits DWI in Texas under Penal Code Section 49.04 by operating a motor vehicle in a public place while intoxicated. Texas defines intoxication two ways: not having the normal use of mental or physical faculties because of alcohol, drugs, or a combination, or having a blood or breath alcohol concentration of 0.08 or more. That means prosecutors do not need a specific test number if they can show impairment through driving behavior, field sobriety tests, or officer observations. Texas uses the term DWI rather than DUI for adult drivers; DUI in Texas generally refers to minors driving with any detectable alcohol.
What Happens to Your Driver’s License After a DWI Arrest in Texas?
A DWI arrest in Texas usually triggers an administrative license suspension under Transportation Code Chapter 524, separate from the criminal case. If a driver fails a breath or blood test, or refuses testing under the implied consent law in Chapter 724, the officer typically serves a notice of suspension at the time of arrest. The driver generally has only 15 days from receiving that notice to request an Administrative License Revocation hearing, often called an ALR hearing, before the suspension takes effect automatically. Missing that deadline is one of the most common and costly mistakes people make after a Collin County DWI arrest.
Is a DWI With Property Damage Treated Differently in Texas?
Texas does not have a separate "DWI with property damage" offense like the counts in the Florida case, but damage can still matter. A first DWI is normally a Class B misdemeanor with up to 180 days in jail, while a breath or blood alcohol level of 0.15 or more raises it to a Class A misdemeanor. The existence of a collision can influence bond conditions, plea negotiations, restitution to the other driver, and the likelihood that a judge requires an ignition interlock device. If a crash causes serious bodily injury to another person, Texas treats it as a far more serious felony under a different section of Chapter 49, which is why the facts of any collision matter a great deal.
Can Reckless Driving and No-License Charges Be Added to a Texas DWI?
Yes. Texas prosecutors can file related traffic offenses alongside a DWI when the facts support them. Reckless driving under Transportation Code Section 545.401 applies to driving with willful or wanton disregard for the safety of persons or property and is a misdemeanor carrying up to 30 days in jail and a fine of up to $200. Driving without a valid license under Transportation Code Section 521.025 is typically a fine-only offense for a first violation, though penalties increase with prior convictions or if the license was suspended. These extra counts are often part of negotiations in the main DWI case.
What Defenses Might Apply in a Frisco or Collin County DWI Case?
Many Texas DWI defenses start with the traffic stop and the testing. The defense may examine whether the officer had reasonable suspicion to make the stop, whether field sobriety tests were administered and scored correctly, whether a blood draw was supported by consent or a valid warrant, and whether the breath instrument was properly maintained and operated. Body camera and dashcam video often become the most important evidence. Public statements by the accused, including social media posts, can also be used by prosecutors, which is why people facing DWI charges are usually advised not to discuss the incident online.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients across Frisco, Collin County, and the Dallas-Fort Worth area in DWI cases, ALR license hearings, and related traffic charges. Our attorneys move quickly to request the ALR hearing within the 15-day window, obtain video and testing records, and challenge weak points in the stop, the testing, and the state’s evidence. If you or someone you know has been arrested for DWI after a crash or traffic stop, contact L & L Law Group for a confidential consultation as soon as possible.
Do I have to take a breath test in Texas? Texas implied consent law means a refusal carries its own license suspension, but you can refuse. Officers may then seek a warrant for a blood sample, and the refusal can be used as evidence at trial.
How long do I have to request an ALR hearing? Generally 15 days from the date you receive the notice of suspension. If no hearing is requested, the suspension typically begins automatically on the 40th day after the notice.
Can a first DWI be dismissed or reduced in Collin County? Outcomes depend on the evidence and the defendant’s history. Problems with the stop, the testing, or the video can lead to reductions or dismissals, and some first-time cases may qualify for alternative resolutions.
Reporting this commentary is based on:
Complex — Ski Mask the Slump God shrugs off Florida DUI arrest
Hoodline — Ski Mask the Slump God booked on 11 counts in Broward DUI crash