flying while intoxicated

Flying While Intoxicated in Texas

Flying While Intoxicated in Texas

Flying While Intoxicated is a misdemeanor offense that can have devastating effects on a person’s ability to fly in the future. The FAA prohibits the consumption of alcohol 8 hours before a flight and prohibits a person from flying with a BAC of .04 or greater.

Similarly, the State of Texas makes it an offense to fly while intoxicated. This definition of intoxication broadly encompasses any intoxicant – alcohol, drugs, dangerous drugs, even prescription medication.

Convictions for Flying While Intoxicated may hinge on whether the police officer, blood draw nurse, or forensic scientist did his or her job properly. Remember that it is the State’s burden to prove intoxication if they believe you are intoxicated. Be polite, and let the police do their job. Remember you don’t have to do their job for them. Don’t volunteer information, politely decline to answer questions or do field sobriety tests.

Flying While Intoxicated convictions can ruin careers, personal lives, and can set you back financially. If you have been arrested for Flying While Intoxicated, contact us immediately.

Keep reading or

You can also call us at (817) 203-2220

for same-day appointments or phone consultations.

Contact Us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

You can also contact us online:

  • This field is for validation purposes and should be left unchanged.

Penal Code Section 49.05


(a)  A person commits an offense if the person is intoxicated while operating an aircraft. (b)  Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.


Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese