Texas Penal Code Section 49.05 makes it illegal to pilot an aircraft or operate an aircraft in any capacity, while intoxicated. This applies to planes, helicopters, and any other type of aircraft. You could receive this type of charge if you operate a commercial or private aircraft while under the influence of alcohol or drugs.
This is not the only law that applies to pilots flying under the influence in Texas. The Federal Aviation Regulation rules enforced by the Federal Aviation Administration (FAA) set the legal limit and other regulations. This includes not being allowed to fly:
- Within eight hours of drinking
- While under the influence of alcohol
- While using any drug that affects your abilities
- With a blood alcohol content (BAC) of 0.04 or more
The legal limit of 0.04 percent for pilots is half the legal limit for drivers in Texas.
Possible Penalties If Convicted of a Violation of Texas Penal Code Sec 49.05
Flying while intoxicated is generally a Class B misdemeanor under Texas law. If convicted, you could face:
- Up to 180 days in county jail
- A fine of up to $2,000
You could face different requirements if you receive a probated sentence. As a term of your probation , the court could require you to complete a drug and alcohol awareness program, complete community service, and meet other requirements.
You May Receive Enhanced Penalties in Some Cases
A violation of Texas Penal Code Section 49.05 may be a felony of the third degree in some cases. This occurs primarily when you have two or more previous convictions related to:
- Flying while intoxicated
- Boating while intoxicated
- Operating or assembling an amusement ride while intoxicated
- A combination of these offenses
It is important to note that there is no look-back period under Texas law. If you ever faced a conviction of drunk driving or a related crime, it is still on your record and could count against you as a previous offense when considering enhanced penalties.
You may also receive enhanced penalties if serious injuries or death results because you piloted an aircraft while intoxicated. This could result in Intoxication Assault or Intoxication Manslaughter charges, respectively. Both of these are felony offenses.
Talk to a Texas Flying While Intoxicated Attorney About Your Case
If you got arrested for flying while intoxicated or if you face charges for this or a related offense, the team from Eddington Worley is here to help. Let us review the facts of your case and go to work for you. We can go to work immediately protecting your rights and developing a defense strategy for your case.
Call us today at 855-508-9785 to learn more about our Texas drunk/drugged flying defense team, or to get started immediately.
Texas Penal Code Section 49.05 makes it illegal to pilot an aircraft or operate an aircraft in any capacity, while intoxicated. This applies to planes, helicopters, and any other type of aircraft. You could receive this type of charge if you operate a commercial or private aircraft while under the influence of alcohol or drugs.
This is not the only law that applies to pilots flying under the influence in Texas. The Federal Aviation Regulation rules enforced by the Federal Aviation Administration (FAA) set the legal limit and other regulations. This includes not being allowed to fly:
- Within eight hours of drinking; or
- While under the influence of alcohol; or
- While using any drug that affects your abilities; or
- With a blood alcohol content (BAC) of 0.04 or more
The legal limit of 0.04 percent for pilots is half the legal limit for drivers in Texas.
Possible Penalties If Convicted of a Violation of Texas Penal Code Sec 49.05
Flying while intoxicated is generally a Class B misdemeanor under Texas law. If convicted, you could face:
- Up to 180 days in county jail; and/or
- A Fine of up to $2,000
You could face different requirements if you receive a probated sentence. As a term of your probation , the court could require you to complete a drug and alcohol awareness program, complete community service, and meet other requirements.
You May Receive Enhanced Penalties in Some Cases
A violation of Texas Penal Code Section 49.05 may be a felony of the third degree in some cases. This occurs primarily when you have two or more previous convictions related to:
- Flying while intoxicated; or
- Flying while intoxicated; or
- Boating while intoxicated; or
- Operating or assembling an amusement ride while intoxicated; or
- A combination of these offenses
It is important to note that there is no look-back period under Texas law. If you ever faced a conviction of drunk driving or a related crime, it is still on your record and could count against you as a previous offense when considering enhanced penalties.
You may also receive enhanced penalties if serious injuries or death results because you piloted an aircraft while intoxicated. This could result in Intoxication Assault or Intoxication Manslaughter charges, respectively. Both of these are felony offenses.
Talk to a Texas Flying While Intoxicated Attorney About Your Case
If you got arrested for flying while intoxicated or if you face charges for this or a related offense, the team from Eddington Worley is here to help. Let us review the facts of your case and go to work for you. We can go to work immediately protecting your rights and developing a defense strategy for your case.
Call us today at 855-508-9785 to learn more about our Texas drunk/drugged flying defense team, or to get started immediately.
