header-logo-3    Richard   C.   McConathy  
Law Offices of Richard C. McConathy
 [email protected]  
15110 Dallas Pkwy #400
  Dallas ,   Texas ,   75248   United States  
(972) 233-5700

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Flying While Intoxicated

With the prominence of Dallas-Fort Worth International Airport, many people in the metroplex simply associate flying with commercial airlines and commercial pilots. However, Dallas is also a major hub in Texas for commercial and recreational flying. Since flying involves such a high degree of risk, the legislature and the Texas Department of Transportation (TXDoT) are committed to protecting the safety of those in and around the airplane.

Thus, whether you pilot a Boeing 747 or a Cessna Citation Mustang, flying while intoxicated is against the law in DFW and all of Texas. When charged with flying while intoxicated (FWI), it is important to consider the services of an experienced DWI defense lawyer serving all of Dallas as a key part of your defense strategy. When considering a lawyer, it is best to contact him as soon as possible after your arrest.

Flying While Intoxicated Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

Though flying operates under different federal and international laws than driving and operates on a system based on old maritime ways, the same laws that apply to DWI in Texas also apply to FWI. If you have been arrested and charged with flying while intoxicated, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

Dallas Metroplex Airports

The two most well-known airports in the DFW area are Dallas-Fort Worth International Airport (DFW) and Dallas Love Field Airport (DAL), which serve air carriers like American Airlines, American Eagle, Delta, JetBlue, Southwest, and United. However, commercial travel is not the only type of flight supported in the Dallas-Fort Worth area. Business aviation and recreational aviation are supported as well.

Some of the other Dallas area airports include the following:

  • Addison Airport – ADS
  • Aero Country Airport – T31
  • Air Park-Dallas Airport – F69
  • Arlington Municipal Airport – GKY
  • Bishops Landing Airport – T80
  • Clark Airport – 3T6
  • Collin County Regional at Mckinney Airport – TKI
  • Dallas CBD Vertiport Heliport – 49T
  • Denton Municipal Airport – DTO
  • Flying C Airport – T87
  • Fort Worth Alliance Airport – AFW
  • Fort Worth Meacham International Airport – FTW
  • Fort Worth Spinks Airport – FWS
  • Grand Prairie Municipal Airport – GPM
  • Hicks Airfield Airport – T67
  • Ironhead Airport – T58
  • Kittyhawk Airport – 0T7
  • Lakeview Airport – 30F
  • Lane Field Airport – 58F
  • Propwash Airport – 16X
  • Sycamore Strip Airport – 9F9

These airports serve all kinds of aircraft, including commercial jets, business jets, private jets, turboprops, piston engines, and helicopters. The brands common to the area include Boeing, Airbus, Bombardier, Gulfstream, Embraer, Cessna, and Piper. No matter what type or brand of aircraft you pilot, or what airport or heliport you were arrested at, an experienced DWI defense lawyer can fight your flying while intoxicated charges and work to ensure your rights are protected.

Flying While Intoxicated

Flying While Intoxicated Law in Texas

The offense of flying while intoxicated is specifically listed by statute as an offense in Texas Penal Code § 49.05. This law makes it illegal to be intoxicated while operating any aircraft. To be intoxicated means to not have the normal use of mental or physical faculties like balance and speech due to the presence of alcohol, drugs, or a combination in the body, as defined in Penal Code § 49.01(2) .

“Per se” intoxication is to have a blood or breath alcohol concentration (BAC) of .08. The legal definition of “operate” in Texas includes flying, taxiing, or otherwise being in actual physical control of the aircraft.

Flying while intoxicated is a serious offense that comes with serious penalties. An experienced DWI defense lawyer serving DFW can fight to protect your rights and your future from an FWI conviction.

Penalties for Flying While Intoxicated in DFW

Texas Penal Code § 49.05(b) makes flying while intoxicated with no priors or aggravating circumstances a Class B Misdemeanor in Texas. Class B Misdemeanors are punishable by up to 180 days in jail and/or up-to a $2,000 fine, and flying while intoxicated comes with the statutory requirement of a mandatory minimum jail term of 72 hours.

Additionally, an FWI conviction may affect your pilot’s license or, if you fly or pilot as a part of your job, your employment. An experienced criminal defense lawyer can work to protect your rights and fight against these harsh penalties.

Resources for DFW Flying While Intoxicated

Texas Penal Code Chapter 49 – Chapter 49 of the Texas Penal Code governs most intoxication offenses, including flying while intoxicated. Visit this link to review the statute and related consequences and see for yourself the offense you face.

FAA – Federal Aviation Administration – It is the role of the FAA to regulate all American aviation activity, including air traffic control and issuing pilot’s licenses. This links to the reporting requirements page for DUI or DWI in the pilot section of the FAA website.

NTBAA – North Texas Business Aviation Association – Founded in 2008, the NTBAA provides a forum for members of the business aviation community in North Texas to network, educate, share best practices, and represent the interests of the industry. For more information, follow this link to their homepage, or contact them at:

Mari Delong Rose, NTBAA President
(972) 862-8992
[email protected]

Find A Dallas County Defense Attorney for Flying While Intoxicated Charges | Law Offices of Richard C. McConathy

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

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