Can Intoxicated Drone Pilots Face DWI Charges in Texas?

 Posted on September 25, 2025 in DWI

Texas DWI laws (Texas Penal Code Section 49.04) are fairly broad, covering not only cars and trucks but also aircraft, boats, and certain motorized vehicles, such as golf carts. But what about drones? Texas ranks second in the nation for registered drone operators. This growing presence of drones is evident in commercial deliveries, disaster response, photography, and people just having fun.

Could flying a drone after having a few drinks result in DWI charges? Although it sounds far-fetched, the answer is not as simple as you might think. While you cannot currently be charged under Texas law with DWI for operating a drone while intoxicated, you could be charged with other criminal offenses, including certain federal crimes. It can be beneficial to speak to a knowledgeable Weatherford, TX criminal defense attorney to fully understand this issue.

Texas DWI Law Overview

In Texas, you must be operating a vehicle, aircraft, or watercraft while intoxicated in a public place to result in DWI charges. A drone is not classified as a vehicle or watercraft, and as of 2025, no specific Texas statute classifies a drone as an aircraft. The Texas penal code does address flying while intoxicated, but it will take new Texas legislation to explicitly add drones to the definition of "aircraft." While operating a drone while intoxicated is not a specific Texas DWI offense, you could still face criminal charges under some circumstances.

What Federal Charges Could You Face for Flying a Drone While Intoxicated?

Drones are largely regulated by the FAA. Operating a drone while intoxicated could violate FAA rules if you are judged to be endangering the safety of the airspace. Although there is no specific DWI for drone flying, the offense falls under the umbrella of careless or unsafe operation of a drone. The FAA explicitly prohibits operating a drone while under the influence of drugs or alcohol that affect your ability to operate safely.

A blood or breath alcohol concentration of 0.04 percent is the threshold – considerably less than the 0.08 percent threshold for DWI with a vehicle, boat, or airplane.  Specific federal consequences for flying a drone under the influence can include civil penalties of up to $32,666 per incident, criminal sanctions that include up to three years in prison and a maximum fine of $250,000, as well as suspension or revocation of remote pilot certification.

Other Texas Charges for Operating a Drone While Intoxicated

You could face Texas criminal charges in addition to or on their own for operating a drone while intoxicated. While these charges do not include DWI, they can be serious, particularly if your behavior interfered with first responders or violated local ordinances, and may include:

• Public intoxication, if your behavior could be considered disruptive.
• Reckless endangerment or disorderly conduct if the drone posed a danger to others.

With the rapid expansion of drone use across Texas, particularly in areas like agriculture, real estate, and recreation, you can expect to see future legislation that could potentially add drones to DWI statutes, designating them as "aircraft." This could lead to overlap between FAA enforcement of flying a drone while intoxicated and state criminal law.

The limits of Texas DWI statutes should be clarified to avoid confusion and to highlight the current lack of statutory authority for DWI charges tied to drone usage. Despite a lack of Texas laws on DWI and drones, never assume that drone use while intoxicated is legal, as FAA rules still apply.

Contact a Parker County, TX DWI Attorney

If you are facing Texas intoxication charges related to a drone, your first step should be to contact a Weatherford, TX criminal defense lawyer from Soraya Joslin, P.C.. Attorney Joslin served as an Assistant District Attorney for several years, which allows him to understand how the criminal justice system works from both sides. With more than 30 years of experience, Attorney Joslin takes your rights and your future very seriously while fighting aggressively against your charges. Call 817-599-7005 to schedule your free consultation and discuss your charges.