An FWI charge in Texas could affect your career, your finances, and your freedom, all of which are worth fighting to preserve. Blass Law will defend you and do everything possible to get your FWI charges reduced or dismissed. Let us go to work for you so that we can build you a defense as soon as possible. Call Blass Law now at 713-664-4000 before you speak with anyone else.
Penalties for Flying While Intoxicated in Texas
The same law that applies for driving under the influence also applies while operating an aircraft in Texas. Therefore, the Texas criminal justice system prosecutes these charges zealously. If you have previously been charged with a violation of § 49.045, the penalties may be increased.
Texas law defines intoxicated as, “not having the normal use of mental or physical faculties by the reason of the introduction of alcohol, a controlled substance, a drug…or a combination into the body.” “Normal faculties” means the ability to perform basic tasks such as speaking and walking.
Blood alcohol levels are measured by the percentage of alcohol present in the blood, and the legal BAC limit for flying and driving is .08. Several factors can influence the outcome of a breath test, such as age, gender, body weight, consumption of food and water, alcohol tolerance, and rate of consumption. If the state can prove that you were without the normal use of your mental or physical faculties, the state is not then required to also prove that your BAC had exceeded .08 at the time of the offense.
Upon arrest, your Texas pilot’s license may be temporarily revoked or suspended. The Federal Aviation Administration (FAA) requires a licensed pilot to report any alcohol-related arrest. For repeat offenders, revocations may be permanent. After a conviction, increased penalties may be imposed. Some of the penalties which you could be facing for a first offense may include:
- Confinement from 72 hours up to 180 days
- Fine up to $2,000
- Penalties against your pilot’s license
If your driver’s license is suspended or revoked twice for alcohol-related offenses within three years, your pilot’s license may also be suspended or revoked. In addition, you can be charged with a violation of § 49.045 without causing property damage or personal injuries.
How Blass Law May Be Able to Defend You
At Blass Law, we are familiar with the procedures that law enforcement officers use to investigate FWI offenses in Texas. These investigations must be conducted within the scope of certain rules if the evidence they yield is to be considered reliable and admitted in court. For example, if mistakes were made during the administration of the breath test, BAC readings could be inaccurate. If this happens, this evidence may be subject to challenge, excluded from court, or form the basis for the dismissal of your case.
Let us do everything possible to defend you and get the best results possible. In the event that an officer deviates from investigative protocols or violates your constitutional rights, we will conduct our own investigation, review all of the state’s evidence, and challenge your FWI charge aggressively. Some of the favorable results we may obtain for you include:
- Dismissals
- Reduced charges
- Plea deals for lower offenses
- Reduced sentences
- Reversal of pilot’s license suspensions
Building a strong defense against FWI charges in Texas takes time depending on the circumstances of your case. A limited time is allowed to prepare your defense before your case proceeds to a disposition. It is essential to begin this process before your case goes to court. In this way, waiting too long to act could cost you a favorable result.
Speaking to law enforcement without an attorney present could damage your defense later. This is why you should call us immediately if you are arrested or charged under Texas Penal Code 49.05, flying while intoxicated. The sooner you call us, the sooner we can start building you a strong defense. Blass Law has helped many individuals and families achieve favorable results in Texas FWI cases and move on with their lives. We know what it takes to get satisfactory results for our clients, and we are standing by to fight for you during these difficult times. Call our offices at 713-664-4000 today for a confidential case evaluation.