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Flying While Intoxicated Law Image

Flying While Intoxicated

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.

Have you been charged with Flying While Intoxicated? Call criminal lawyer Paul Saputo at (888) 239-9305.

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 law in Texas about Flying While Intoxicated?

The offense is described in Section 49.05(a) of the Texas Penal Code.

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,1 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 Section 49.05(b)

Published by Criminal Defense Attorney on and last modified