Many people who are taking commercial flights believe that their pilots are professionals committed to being completely capable of operating large aircraft, so there is rarely much concern about a pilot possibly being under the influence of alcohol. The truth is that recreational flying in Texas is just as common as commercial flights, and some people who are accused of flying while intoxicated (also known as FWI) will want to be sure they hire an experienced Fort Worth flying while intoxicated attorney.
An alleged flying while intoxicated case will involve many of the same considerations as the traditional driving while intoxicated (DWI) case, so people should understand that many of the same defenses against these charges could also be applicable. Pilots generally cannot be stopped mid-flight to be tested for alcohol consumption, so these arrests may occur before a pilot boards a plane or shortly after departing and the timing of the tests can be important.
Were you recently arrested for an alleged flying while intoxicated offense? Contact the Law Offices of Richard C. McConathy today at (817) 422-5350 for a consultation about your alleged offense in Southlake, Fort Worth, Arlington, Grapevine, Keller, and surrounding areas of Tarrant County, TX area.
The Law Offices of Richard C. McConathy regularly handles DWI cases, so we are very familiar with helping people overcome all kinds of alleged intoxication cases, including individuals who are facing such charges relating to flying. Contact us online for a consultation so we can really dig into the details of your case and gain a fuller understanding of exactly what challenges you may be facing.
Texas Penal Code § 49.05 establishes that a person commits a flying while intoxicated offense if they are intoxicated while operating an aircraft. This crime is typically a Class B misdemeanor, but Texas Penal Code § 49.09 states that an offense becomes a Class A misdemeanor if the alleged offender has been previously convicted of a crime relating to operating either a motor vehicle while intoxicated, an aircraft while intoxicated, a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
A flying while intoxicated offense becomes a third-degree felony if the alleged offender has been previously convicted one time of an offense under Texas Penal Code § 49.08 relating to intoxication manslaughter or an offense under the laws of another state when the crime contains elements substantially similar to the elements of an offense under Texas Penal Code § 49.08, or two times of any other offense relating to the operating of a motor vehicle while intoxicated, an aircraft while intoxicated, a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
An offense relating to operating of a motor vehicle while intoxicated is defined as an offense under Texas Penal Code § 49.04 (DWI) or Texas Penal Code § 49.045 (DWI with child passenger), an offense under Texas Penal Code § 49.07 (intoxication assault) or Texas Penal Code § 49.08 (intoxication manslaughter) when the vehicle operated was a motor vehicle, an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994, an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1984, an offense under Texas Penal Code § 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor vehicle or an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated.
The offense of operating an aircraft while intoxicated means an offense under Texas Penal Code § 49.05, an offense under Texas Penal Code § 49.07 or Texas Penal Code § 49.08 when the vehicle operated was an aircraft, an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Session, 1963 (Article 46f-3, Vernon’s Texas Civil Statutes), as that law existed before September 1, 1994, an offense under Texas Penal Code § 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft or an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated.
The offense of operating a watercraft while intoxicated means an offense under Texas Penal Code § 49.06 (boating while intoxicated), an offense under Texas Penal Code § 49.07 or Texas Penal Code § 49.08 when the vehicle operated was a watercraft, an offense under Section 31.097, Parks and Wildlife Code, as that law existed before September 1, 1994, an offense under Texas Penal Code § 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft or an offense under the laws of another state that prohibit the operation of a watercraft while intoxicated. The offense of operating or assembling an amusement ride while intoxicated means an offense under Texas Penal Code § 49.065, an offense under Texas Penal Code § 49.07 or Texas Penal Code § 49.08 when the offense involved the operation or assembly of an amusement ride, or an offense under the law of another state that prohibits the operation of an amusement ride while intoxicated or the assembly of a mobile amusement ride while intoxicated.
Flying while intoxicated crimes carry different penalties depending on how your alleged crime is classified. The possible sentences may include:
Airports Closest to Fort Worth, Texas
There are several airports in the greater Fort Worth area. Some of the major airports in and around Tarrant County include:
Alcohol and Flying Brochure | Federal Aviation Administration (FAA) — View FAA literature discussing the effects of alcohol on pilots. It states that the number of serious errors committed
by pilots dramatically increases at or above concentrations of 0.04 percent blood alcohol, but some studies have shown decrements in pilot performance with blood alcohol concentrations as low as 0.025 percent. Find many general recommendations.
Drug and Alcohol Testing Program | Federal Register — This rule amends the FAA’s drug and alcohol regulations to place them in a new part. It is intended to reorganize the requirements for drug and alcohol testing into a single part and also clarify the rules by replacing references to appendices I and J with references to part 120. It relates to refusal to submit to a drug or alcohol test by a part 61 certificate holder, refusal to submit to a drug or alcohol test by a part 63 certificate holder, refusal to submit to a drug or alcohol test by a part 65 certificate holder, use of prohibited drugs, misuse of alcohol, testing for alcohol, and testing for prohibited drugs.
If you were arrested for flying while intoxicated in Tarrant County, you cannot afford to delay in seeking legal representation. Make sure you find yourself a criminal defense lawyer as soon as possible. Contact the Law Offices of Richard C. McConathy today at (817) 422-5350 for a consultation about your alleged offense in Southlake, Fort Worth, Arlington, Grapevine, Keller, and surrounding areas of Tarrant County, TX area.
The Law Offices of Richard C. McConathy understands the most effective ways to fight these cases, and we will be able to work to help you achieve the most favorable outcome for your case.