The Assembling or Operating an Amusement Park Ride While Intoxicated crime in the state of Texas gives police the right to arrest you if they believe you operated an amusement park ride while you were intoxicated on any substance. Learn more detailed information about the Assembling or Operating an Amusement Park Ride While Intoxicated offense below.

Assembling or Operating an Amusement Park Ride While Intoxicated does not qualify under the definition of an offense relating to the operating of a motor vehicle while intoxicated under Penal Code Section 49.09, which means that it does not qualify for the new fines imposed by the 86th Texas Legislature.

Intoxication under Texas law has a particular meaning, it is not a “common sense” approach, and often people do not know whether they are “intoxicated” as the Texas legislature has defined it. Learn more about the definition of intoxicated

Assembling or Operating an Amusement Park Ride While Intoxicated is classified in the Texas Penal Code under Title 10 “Offenses Against Public Health, Safety, and Morals,” Chapter 49 “Intoxication and Alcoholic Beverages Offenses.”

What is the current Texas law about Assembling or Operating an Amusement Park Ride While Intoxicated?

The current Texas law defines the offense of Assembling or Operating an Amusement Park Ride While Intoxicated in Penal Code Section §49.065 as follows:^[1]

(a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.

How can I be charged with Assembling or Operating an Amusement Park Ride While Intoxicated?

You can be charged with Assembling or Operating an Amusement Park Ride While Intoxicated if the state’s attorneys believe that each of the elements of 49.065(a) as described in the section above have been met.

What is the punishment for Assembling or Operating an Amusement Park Ride While Intoxicated?

A conviction for Assembling or Operating an Amusement Park Ride While Intoxicated is punished as a Class B misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days with a minimum of 72 hours in jail.^[3] But if it is shown in trial that the operator also had an open container at the time of operating a ride then the minimum time in jail would be increased to 6 days.^[4] Learn about the differences between grades of felonies and misdemeanors

However, this jail time may be probated under most circumstances. Learn more about probation for intoxication offenses here

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Legal References:

^1. Texas Penal Code §49.065^2. Texas Penal Code §49.065(b)^3. Texas Penal Code §49.065(b)^4. Texas Penal Code §49.065(c)