Transportation Code · §49.05

DWI Offenses

DWI Offenses is covered under §49.05 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Operates aircraft; While intoxicated; Class A misdemeanor.

Elements you must prove

  • Operates aircraft
  • While intoxicated
  • Class A misdemeanor

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Worked examples

Worked example 1

Flying While Intoxicated (FWI) under Penal Code §49.05 is what level of offense?

  1. Class A misdemeanor Correct
  2. Class B misdemeanor
  3. Class C misdemeanor
  4. State jail felony
Why: Flying while intoxicated (operating an aircraft while intoxicated) is a Class A misdemeanor.
Statute: Tex. Penal Code §49.05