Pilot License DWI Lawyer In Conroe, TX
A pilot arrested for DWI is dealing with a Texas court, a Texas license suspension and a federal regulator at the same time. The FAA's deadlines are counted from events in the Texas case, so the dates matter as much as the outcome. This page covers the reporting rule, the medical application, the penalties and how the cases fit together.
Does A DWI Have To Be Reported To The FAA?
Under 14 CFR § 61.15, a pilot must send the FAA a written report of each motor vehicle action within 60 days. A conviction for DWI counts, and so does a suspension, cancellation, revocation or denial of a driver's license for a cause related to intoxicated driving. An arrest alone is not a motor vehicle action, but the medical application asks about arrests.
Understanding The Law
What Does The FAA Require After A Texas DWI?
An FAA certificate comes from the federal government, not the state, so a DWI arrest in Montgomery County brings a federal rule into play next to the Texas case. Under 14 CFR § 61.15, a holder of a Part 61 certificate owes the agency a written report of each motor vehicle action no later than 60 days after it happens.
The regulation names conduct that counts. One kind is a conviction for driving while intoxicated, impaired or under the influence of alcohol or a drug. Another is a cancellation, suspension or revocation of a driver's license for that kind of cause, and a denied license application for that cause is covered too.
A Texas administrative suspension is a motor vehicle action. It takes effect on day 40 after the notice unless an ALR hearing is requested within 15 days. A conviction later in the same case is a second action. One arrest can mean two reports, months apart, while an arrest with no suspension and no conviction fits neither definition.
Each written report identifies:
- The pilot's name, address, date of birth and certificate number
- The kind of violation behind the conviction or administrative action
- The date of that conviction or action
- The state that holds the record
- Whether it came from the same incident as an action already reported
Section 61.15 also treats a second motor vehicle action within three years as grounds to deny an application or to suspend or revoke a certificate, unless it comes from the same incident as the first. That is one more reason the ALR hearing matters, since it can remove one of the two actions.
Penalties And Consequences
What Are The Penalties For A Pilot's DWI In Texas?
The Texas statutes set the criminal range, and the FAA rules stack on top of it. The federal clocks run from events in the Texas case, so dates in one system control deadlines in the other. These are statutory limits, not predictions.
Counted from each motor vehicle action.
90 for a failed test, 180 for a refusal.
- Texas offense
- DWI under Penal Code § 49.04. Class B misdemeanor on a first offense, Class A at 0.15 or higher, third degree felony on a third offense under § 49.09.
- License suspension
- 90 days for a failed test or 180 days for a refusal on a first arrest, contested before the State Office of Administrative Hearings.
- Blood evidence
- During weekends, holidays and selected enforcement periods, publicized in advance, a refusal can be followed by a warrant for blood under the county's No Refusal program.
- FAA report
- Within 60 days of each motor vehicle action, under 14 CFR § 61.15(e).
- Missed report
- Grounds to deny any application for up to one year, or to suspend or revoke existing certificates.
- Flying rules
- 14 CFR § 91.17 bars acting as a crewmember within eight hours after drinking, while under the influence, or with an alcohol concentration of 0.04 or more.
The question about the same incident is why the report asks whether a new action comes from one already reported. A suspension and a conviction from a single arrest are meant to be identified as linked.
Real Questions
What Do People Ask About A Pilot's DWI In Texas?
When does the 60 day clock start for an ALR suspension?
What does question 18v on the medical application ask?
What happens if I answer 18v wrongly?
What does the Aviation Medical Examiner do with a DWI history?
Does a DWI in a car affect a pilot differently than one in an aircraft?
Possible Defenses
How Can A Pilot's DWI Be Defended?
The criminal defense counts twice. A suspension that never takes effect, or a charge that ends in dismissal or acquittal, can mean one fewer motor vehicle action to report. An attorney reviews the stop, the roadside tests, the breath or blood result and the arrest for what the state can prove. No result can be promised.
The second job is timing. The ALR window, the suspension date and each 60 day FAA window run from different events, and a missed date can create its own problem.
The ALR hearing is the first lever.
Winning an ALR hearing keeps the suspension from taking effect and, with it, one of the possible motor vehicle actions. How the FAA treats a suspension that was later rescinded is a federal question, and a pilot should confirm it against the FAA's current guidance before relying on it.
A blood warrant from a No Refusal weekend can be challenged on its affidavit, the draw and the lab work.
The ALR Request
Was the hearing request made within the 15 day window, and can the suspension be contested?
The Stop And Arrest
Was there a lawful reason for the stop and a valid basis for the arrest?
The Test Result
Was the sample collected and analyzed correctly, especially if the number sits near 0.15?
The Warrant
If a refusal led to a blood warrant, does the affidavit support probable cause?
The Charge On The Booking Sheet
Is the charge a DWI, or something that changes which federal questions apply?
Answers To The FAA
Do the report wording and the 18v answer match the court record exactly?
Local Process
What Happens After A Pilot's DWI Arrest In Montgomery County?
The criminal case follows Texas law, and the FAA clocks run from events in that case. The court, prosecutor and jail below are specific to Montgomery County.
The Arrest
A breath or blood test, or a refusal. In Montgomery County, a refusal can be followed by a warrant for blood.
Day 15
The last day to request an ALR hearing and keep the suspension from taking effect on schedule.
A Suspension, If One Begins
The first FAA reporting window opens on the date it takes effect.
The Judgment
A conviction opens a second window. A dismissal or acquittal opens none, though the next medical application still asks about the arrest.
- Where it is filed
- A misdemeanor is filed in one of the Montgomery County Courts at Law and handled by Montgomery County District Attorney's Office. A felony is heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St and prosecuted by the Montgomery County District Attorney's Office. The two sit in different buildings in Conroe.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should A Pilot Do After A DWI Arrest?
Several dates begin at the arrest and run side by side. Treat these steps as general information, not as advice for one person.
Write Down The Dates
Record the arrest date, the date on the notice of suspension and each deadline that follows.
Ask About ALR
Ask about a hearing request before the 15 day window closes.
Calendar 60 Days
If a suspension takes effect or a conviction is entered, count 60 days from that date for the FAA report.
Keep The Court Papers
Keep every record. The FAA and the examiner may ask for court and driving records.
Read 18v Exactly
Before the next medical application, read question 18v and match it to the records.
Hold Back Statements
Do not give an account of the arrest to an employer or the FAA before the case has been reviewed.
Speak with a lawyer before you decide how to proceed. Mitchell Law Firm offers a confidential conversation about a pilot's DWI arrest, and an early call keeps the most options open on the court case and the federal reports.
Official Texas Sources
Read The Law Behind This Page
- 14 CFR § 61.15: Offenses involving alcohol or drugs and the 60 day report
- 14 CFR § 91.17: Alcohol or drugs
- Texas Penal Code Chapter 49: DWI and flying while intoxicated
- Texas Transportation Code Chapter 524: Administrative license suspension and the ALR hearing
- Texas Transportation Code Chapter 724: Implied consent and test refusals
- Texas Department of Public Safety: Administrative License Revocation program
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Conroe, TX
The exact charge decides which federal questions a pilot has to answer, so the neighboring DWI charges are worth knowing too. See the full DWI defense overview for Conroe.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Montgomery County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Pilot DWI Questions People In Conroe Ask
What counts as a motor vehicle action for a pilot arrested in Conroe, TX?
Under 14 CFR § 61.15, a motor vehicle action is a conviction for driving while intoxicated, impaired or under the influence of alcohol or a drug, or a cancellation, suspension or revocation of a driver's license for a cause related to that kind of driving. The rule also covers a denied license application on the same grounds. A Texas ALR suspension falls in the suspension category, and a conviction in the Montgomery County case falls in the first.
Does refusing a breath test in Montgomery County change what a pilot reports to the FAA?
A refusal carries a longer ALR suspension in Texas, 180 days on a first arrest instead of 90, and a suspension is a motor vehicle action under § 61.15. The FAA's guidance for medical examiners also treats a refusal as a fact that can lead to deferral and a request for a substance abuse evaluation. In the county, a refusal can also lead to a blood warrant under the No Refusal program.
How long does a pilot have to report a DWI conviction from Conroe, TX to the FAA?
Section 61.15(e) requires a written report no later than 60 days after the motor vehicle action. A conviction is dated from the judgment. A suspension is its own action with its own 60 day window, so one arrest can produce two reports on two different dates. Missing a report is grounds for denying an application for up to one year, or for suspending or revoking certificates already held.
Does a dismissed DWI in Montgomery County still go on the FAA medical application?
Question 18v on FAA Form 8500-8 asks about arrests as well as convictions and administrative actions tied to intoxicated driving. A dismissal ends the criminal case, but the arrest itself still falls within the question. A false answer on a medical application is grounds for action against every certificate the pilot holds under 14 CFR § 67.403.
Is a DWI in Conroe, TX the same as flying while intoxicated?
They are separate offenses. DWI under Texas Penal Code § 49.04 involves a motor vehicle in a public place, and flying while intoxicated under § 49.05 involves operating an aircraft. For crewmembers, 14 CFR § 91.17 separately bars acting within eight hours of drinking alcohol or with an alcohol concentration of 0.04 or more.
If an ALR suspension does not take effect for a pilot in Montgomery County, is there still an FAA report?
A suspension that never begins is not a license suspension, so that particular motor vehicle action does not occur. A later conviction from the same arrest would be its own action. The medical application question about arrests is not changed by the ALR result, so the arrest still has to be answered there.
Mitchell Law Firm, PLLC
Protect The Certificate And The License
The ALR request comes first, and every FAA date after it depends on what happens next in the Texas case. Call before the first window closes.
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