Flying While Intoxicated
Texas has a myriad of laws designed to prevent people from operating vehicles while under the influence of alcohol or drugs. Texas Penal Code 49.05 specifically defines flying while intoxicated as a crime.
Austin Flying While Intoxicated Defense Attorney
If you’ve been charged with flying while intoxicated, it is recommended that you contact the Law Office of Kevin Bennet. Failing to secure accurate representation may result in suspension or loss of your flying license, as well as additional fines and possible jail time.
Bennett will work tirelessly to ensure that your case is thoroughly prepared. He prides himself on providing the best possible defense for each client, and he will focus his time and energy on building a case that will give you the best chance at receiving the most favorable outcome.
Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your DUI charges in Travis County.
Information Center
- Understanding Flying DUIs in Texas
- Related Charges
- Penalties for Flying While Intoxicated
- Defenses for Flying DUIs in Texas
- Additional Resources
- Hire a Flying DUI Defense Attorney
What is Flying While Intoxicated?
Intoxication is defined as having a blood alcohol content of 0.08 grams per
- 210 liters of breath;
- 100 milliliters of blood; or
- 67 milliliters of urine.
If it can be proved that you either:
- Had an open alcohol container in the cockpit of the aircraft or
- Had a BAC of 0.08
Then the court may charge the pilot with flying while intoxicated. In addition, the Federal Aviation Administration forbids any pilot or crewmember to have a BAC of 0.04 or greater.
Related Charges
In addition to a simple flying while intoxicated charge, the following circumstances may result in additional charges:
- Death: If, as a result of flying while intoxicated, you caused the death of another person, then the court will likely charge you with Intoxication Manslaughter
- Assault: If you crash the plane or otherwise cause serious bodily injury to another person, then you will likely be charged with intoxication assault.
- Repeat Offenses: Repeat offenses carry much stronger weight with each subsequent offense.
Penalties for Flying While Intoxicated
The following table is a penalty schedule for flying while intoxicated charges:
| Flying While Intoxicated | Class B Misdemeanor |
|
| Flying While Intoxicated (2nd offense) | Third-Degree Felony |
|
| Serious Bodily Injury to a Firefighter or Emergency Medical Services Personnel in the Service of Their Duty | Second-Degree Felony |
|
| Serious Bodily Injury Causing a Permanent Vegetative State | Second-Degree Felony |
|
| Serious Bodily Injury to a Peace Officer or Judge | First-Degree Felony |
|
| Death of Another Person | First-Degree Felony |
|
Defenses For Flying While Intoxicated Charges
The following are some more common defense strategies for flying while intoxicated charges:
- Challenging the narrative: One strategy your lawyer may use is to challenge the narrative provided by the prosecution. This means arguing that you were not or could not have been intoxicated at the time of the accident or arrest
- Challenging BAC evidence: Your lawyer may focus on the collection of evidence by police officers, including breathalyzer or blood tests. Some tests are known to be faulty and it may be possible to challenge their validity.
- Providing alternative reasons for the accident: If you were arrested as the result of a flying accident, your lawyer may attempt to mitigate the charges by proving that, while you may have been intoxicated, you could not have been to blame for the flying accident.
Additional Resources
FAA FAQ: The Federal Aviation Administration has a table of frequently asked questions available. One of those questions is regarding drunk flying and the regulations around alcohol when flying. The FAQ states that it is illegal to operate or attempt to operate an aircraft with a BAC of 0.04 or higher. The question also provides contact info for the FAA Drug Abatement Division.
DUI Foundation: The DUI Foundation, a nonprofit aimed at reducing DUI incidents in all areas, provides additional information on the FAA’s rules for pilots. This article also provides statistics on drunk pilots and in-depth rules for companies like Delta and American Airlines.
Hire a Flying While Intoxicated Defense Attorney in Austin, Texas
Kevin Bennett serves individuals in Travis County, West Lake Hills, Sunset Valley, Lakeway, Austin, Pflugerville, Lago Vista, and the surrounding areas in Texas.
Contact Kevin Bennett today at (512) 476-4626 to schedule a free consultation about your DUI charges in Travis County.
