What to Know About Flying While Intoxicated in Texas

 Posted on January 19, 2024 in DUI/DWI

While you may be familiar with DWI in the context of a motor vehicle, Texas and federal law have stringent laws regarding flying while intoxicated, referred to in the state of Texas as FWI. It is strictly illegal to operate an aircraft while under the influence of alcohol or drugs. If you are facing charges relating to FWI, you need the professional services of an experienced criminal defense lawyer

Legal Blood Alcohol Concentration Limits

According to the Federal Aviation Regulation, it is against the law to operate an aircraft under these circumstances:

• If you have consumed alcohol within eight hours, you are prohibited from operating an aircraft

• If you are under the influence of alcohol whatsoever, you are prohibited from operating an aircraft

• If you are under the influence of any drug that affects your safety while flying, you are prohibited from operating an aircraft

• If your blood alcohol concentration (BAC) is 0.04 percent or higher, you are prohibited from operating an aircraft.

Violating any of the above laws constitutes a criminal offense. It is worth noting that according to Chapter 49 of the Texas penal code, flying while intoxicated is also illegal under Texas state law. Moreover, even though flying is regulated by the federal government and international laws, in Texas, the laws that apply to DWI charges will also apply to FWI charges

Criminal Penalties for FWI

If you are arrested for FWI and have no priors and there are no aggravating circumstances, Texas law considers this a Class B Misdemeanor. If convicted, this can land an individual in jail for 180 days and levy fines reaching $2,000. There may also be a mandatory minimum jail sentence of at least 72 hours.

Of course, an FWI conviction may also have consequences for your pilot’s license. This is especially troubling if you are a pilot for a living. If you are a pilot, your professional livelihood is in serious jeopardy. As a result, it is crucial you contact a lawyer as soon as possible. The longer you wait to obtain legal counsel, the better chance your case heads in an unfavorable direction

Contact Our Houston, TX FWI Defense Lawyer

If you are facing charges related to flying a plane while intoxicated, you need to make swift, decisive moves to protect your legal well-being. This starts with contacting the skilled Texas FWI defense attorney with Murphy & McKinney Law Firm, P.C.. Call 713-229-8333 for a free consultation today.