Flying While Intoxicated

Texas Criminal Law

The Flying While Intoxicated crime in the state of Texas gives police the right to arrest you if they believe you are intoxicated while operating an aircraft. Learn more detailed information about the Flying While Intoxicated offense below.

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Flying While Intoxicated does not qualify under the definition of an offense relating to the operating of a motor vehicle while intoxicated under Penal Code Section 49.09, which means that it does not qualify for the new fines imposed by the 86th Texas Legislature.

What it means to be “intoxicated” is specifically defined under the law. It does not mean “buzzed” or “drunk.” It is defined in the Penal Code, and we explore this in depth on our DWI page. Learn more about what it means to be intoxicated under Texas DWI Laws

Flying While Intoxicated is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, and Morals”, Chapter 49 “Intoxication and Alcoholic Beverage Offenses.”

What is the current Texas law about Flying While Intoxicated?

The current Texas law defines the offense of Flying While Intoxicated in Penal Code Section §49.05 as follows:[1]

(a) A person commits an offense if the person is intoxicated while operating an aircraft.

How can I be charged with Flying While Intoxicated?

You can be charged with Flying While Intoxicated if the state’s attorneys believe that each of the elements of 49.05(a) as described in the section above have been met.

What is the punishment for Flying While Intoxicated?

A conviction for Flying While Intoxicated is punished as a Class B misdemeanor,[2] with a maximum possible fine under Texas state law of up to $2000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

Legal References:

^1. Texas Penal Code §49.05^2. Texas Penal Code §49.05(b)

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