flying while intoxicated text with flags in background

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.

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.

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

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 is as follows:1

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)

Recent Case Results

  • 2019 Not Guilty in Collin County DWI >0.15
  • 2019 Not Guilty in Dallas County Indecency with a Child
  • Oral Argument at the United States Federal 5th Circuit Court of Appeals on Prosecutorial Misconduct Claim arising out of Northern District of Texas
  • 2018 Not Guilty in Martin County Aggravated Assault with a Deadly Weapon on a Peace Officer
  • Not Guilty in 2018 Dallas County DWI Trial
  • Client cleared in Dallas Police Shooting wrongful accusation
  • Federal sentencing results in 10 Year Downward Deviation from Sentencing Guidelines in 2018
  • Not Guilty Jury Verdict for client originally accused of Intoxication Manslaughter
  • Case Dismissed after picking jury in Aggravated Sexual Assault of Child case in 2017
  • United States Attorney dismisses case against client charged in El Paso Federal Court with Possession of Child Pornography
  • ALL CHARGES DISMISSED against our client in the Twin Peaks Waco Biker case
  • Client “No-billed” by grand jury investigating shooting death case
  • Coverage of Case Involving Waco teacher sending messages to student
  • Judge returns a Directed Verdict of Acquittal in case involving trainer of professional athletes
  • Rare Not Guilty verdict in Rockwall County DWI
  • 2016 Dismissal of Fort Worth Federal Possession of Obscene Visual Representation of the Sexual Abuse of Children
  • Hill County Money Laundering case Dismissed and civil asset forfeiture assets returned
  • Coverage of teen Lewisville client charged with hit-and-run death
  • Two Montague County Indecency with a Child cases Dismissed