Pilot License DWI Lawyer In Orange, TX
For a pilot, a DWI arrest starts three things at once: a criminal case in Texas, a license case with the state, and a set of federal reporting rules that run on their own 60 day clocks. This page explains the FAA duties, the Texas penalties, the medical certificate question 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 driver's license suspension, cancellation, revocation or denial 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?
A pilot certificate comes from the Federal Aviation Administration, not the state. That means a DWI arrest in Orange County brings a federal regulation into play alongside the Texas case. Under 14 CFR § 61.15, anyone holding a Part 61 certificate has to send the FAA a written report of each "motor vehicle action" no later than 60 days after it happens.
The regulation defines a motor vehicle action three ways: a conviction for a state or federal offense of driving while intoxicated, impaired or under the influence; the cancellation, suspension or revocation of a driver's license for that kind of cause; and the denial of an application for a driver's license for that kind of cause.
The suspension prong is where pilots get caught. A Texas administrative license revocation, the ALR suspension, takes effect on day 40 after the notice unless a hearing is requested in time. It is its own motor vehicle action. A conviction later in the same case is a second one. Each needs its own report on its own 60 day clock.
What a § 61.15 report has to include:
- Name, address, date of birth and airman certificate number
- The type of violation behind the conviction or administrative action
- The date of that conviction or action
- The state that holds the record
- Whether it arose from the same incident as an action already reported
Reports go to the FAA's Civil Aviation Security Division in Oklahoma City. An arrest on its own, with no suspension and no conviction, does not meet any of the three definitions.
Penalties And Consequences
What Are The Penalties For A Pilot's DWI In Texas?
The Texas statute sets the criminal range. The FAA rules stack on top of it, and they are measured from events in the Texas case, so the dates in one system control the deadlines in the other. These are statutory limits, not predictions.
Counted from each motor vehicle action.
One year if the driving record shows an alcohol or drug enforcement contact in the prior 10 years.
- Classification
- A first DWI is a Class B misdemeanor under Texas Penal Code § 49.04, or Class A with a result of 0.15 or higher. A third DWI is a third degree felony under § 49.09.
- Driver's license
- An ALR suspension of 90 days for a failed breath or blood test on a first contact, or 180 days for a refusal. It is contested before the State Office of Administrative Hearings if requested within 15 days after the notice is received.
- FAA report
- A written report within 60 days of each motor vehicle action, under 14 CFR § 61.15(e).
- Failure to report
- Grounds for denial of any certificate application for up to one year after the action, or suspension or revocation of certificates already held.
- Repeat actions
- A motor vehicle action within three years of a previous one is grounds for denial, suspension or revocation, except for an action that results from the same incident or arises out of the same factual circumstances.
- 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 same-incident exception is why the report asks whether a new action comes from an action already reported. A suspension and a conviction from one 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 if I answer 18v wrong?
What does the Aviation Medical Examiner do with a DWI history?
Can a pilot who flies on a driver's license in place of a medical be affected?
Possible Defenses
How Can A Pilot's DWI Be Defended?
The criminal defense matters twice. A suspension that never takes effect, or a charge that ends in a 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 are measured from different events, and a missed date can create its own problem.
The ALR hearing is the first lever.
Winning an ALR hearing removes the suspension and, with it, one of the possible motor vehicle actions. Under Transportation Code § 524.015, a person acquitted of the criminal charge cannot have an ALR suspension imposed, and a suspension already imposed is rescinded.
How the FAA treats a suspension that was later rescinded is a federal question. A pilot should confirm it against the FAA's current guidance before relying on it.
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, and does the data support the number, especially around 0.15?
The Roadside Tests
Were the standardized tests given as the protocol requires?
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 wording of the report and the 18v answer match the court record exactly?
Local Process
What Happens After A Pilot's DWI Arrest In Orange County?
The criminal case follows Texas law. The FAA clocks run from events in that case. Where the case is filed, who prosecutes it and where a person is held are specific to Orange County.
Day One To Day 15
The window to request an ALR hearing. Winning it removes the suspension, and with it one of the two possible motor vehicle actions.
The Suspension Date
If a suspension takes effect, the first 60 day FAA reporting window opens on that date.
The Criminal Outcome
A conviction opens a second 60 day window. A dismissal or acquittal does not create a motor vehicle action.
The Next Medical
Question 18v on the medical application asks about the arrest itself, whatever the outcome.
- Where it is filed
- Filed in one of the Orange County Courts at Law for a misdemeanor, or in one of 128th District Court, 163rd District Court, and 260th District Court for a felony. The Orange County District and County Attorney's Office handles both.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
A pilot arrested in a plane rather than a car faces a different statute entirely. See flying while intoxicated. For how licensing bodies in general treat criminal cases, see DWI defense for licensed professionals.
Next Steps
What Should A Pilot Do After A DWI Arrest?
The dates start on the day of the arrest, and several run at once. These steps are general information, not advice for any 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 Off On Flying Statements
Do not give an account of the arrest to an employer or the FAA before the case is reviewed.
Talk to a lawyer before deciding what to do. Mitchell Law Firm offers a confidential conversation about a pilot's DWI charge in Orange County. Calling early keeps the most options open.
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 Orange 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 Orange, TX
Pilots charged in Orange County are sometimes facing more than a standard DWI, and the charge on the booking sheet decides which federal questions apply. See the full DWI defense overview for Orange.
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 Orange 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 Orange Ask
Do I have to report a DWI arrest in Orange, TX to the FAA?
The duty in 14 CFR § 61.15 is triggered by a motor vehicle action: a conviction, or a driver's license suspension, cancellation, revocation or denial tied to intoxicated driving. An arrest alone is none of those. The medical certificate application works differently, because question 18v asks about arrests as well, so an Orange County arrest belongs on the next medical application even if no suspension or conviction ever follows.
Does an ALR suspension in Orange County count as a motor vehicle action?
The regulation includes the suspension of a driver's license for a cause related to intoxicated driving, and a Texas ALR suspension fits that definition. A written report is due within 60 days after it takes effect, and another is due within 60 days of any later conviction from the same arrest. A request for an ALR hearing, made within 15 days after receipt of the notice of suspension, is how the suspension itself is contested.
What happens if a pilot in Orange misses the FAA's 60 day reporting deadline?
Section 61.15 makes a failure to report grounds for denying an application for any certificate, rating or authorization for up to one year after the motor vehicle action, and grounds for suspending or revoking certificates already held. That consequence stands apart from anything the Texas court or the Department of Public Safety imposes on the driving side.
Is a DWI in Orange, TX the same as flying while intoxicated?
They are separate offenses. DWI under Texas Penal Code § 49.04 covers operating a motor vehicle in a public place while intoxicated. Flying while intoxicated under § 49.05 covers operating an aircraft. Federal rules add their own limits for crewmembers, including the eight hour rule and the 0.04 alcohol concentration limit in 14 CFR § 91.17.
Can a DWI dismissal in Orange County still affect a pilot's medical certificate?
Question 18v on the medical application asks about arrests, not only convictions, so a dismissed case is still disclosed as an arrest. The Aviation Medical Examiner reviews that history and can defer the application to the FAA in Oklahoma City, which may ask for court records, ten years of driving records and, in some cases, a substance abuse evaluation.
If I win my ALR hearing in Orange, TX, do I still report to the FAA?
A suspension that never takes effect is not a license suspension, so that particular motor vehicle action does not occur. A later conviction from the same arrest would still be its own action. The medical application question about arrests is not affected 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 deadline runs from receipt of the notice, and each FAA report has its own 60 day window. Getting the order of those deadlines right starts with a call.
Orange Office
