Assembling or Operating an Amusement Park Ride While Intoxicated: Texas Penal Code §49.065

The Texas Assembling or Operating an Amusement Park Ride While Intoxicated law gives police the right to arrest you if they believe you operated an amusement ride or assembled a mobile amusement ride while you were intoxicated.

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 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(c), which means that it does not qualify for the new superfines.

The Texas legislature codified this criminal offense in Texas Penal Code Section 49.065. The law was not updated in 2023. In fact, this law has not been amended since it was enacted in 1999.

The Penal Code classifies the Texas Assembling or Operating a Ride While Intoxicated law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 49 “Intoxication and Alcoholic Beverage Offenses.” Learn more about the Texas offense of Assembling or Operating an Amusement Park Ride While Intoxicated below.

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

Texas law currently 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 an Assembling or Operating a Ride While Intoxicated offense in Texas?

You can be charged with Assembling or Operating an Amusement Park Ride While Intoxicated in Texas 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 statute of limitation for Assembling or Operating a Ride While Intoxicated in Texas?

Misdemeanor level Assembling or Operating a Ride While Intoxicated charges have a two-year limitations period.^[2] Felony level offenses have a three-year limitations period.^[3]

What is the penalty for a Texas Assembling or Operating a Ride While Intoxicated offense?

A conviction for Assembling or Operating an Amusement Park Ride While Intoxicated in Texas is punished as a Class B misdemeanor,^[4] 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.^[5] 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.^[6]

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

Can you get probation for Assembling or Operating a Ride While Intoxicated in Texas?

The Texas Code of Criminal Procedure prohibits judges from accepting deferred adjudication pleas in Assembling or Operating an Amusement Park Ride While Intoxicated cases.^[7] However, the Code of Criminal Procedure allows both judges and juries to grant probation.^[8]

What level of crime is Assembling or Operating a Ride While Intoxicated in Texas?

The Penal Code classifies Assembling or Operating a Ride While Intoxicated as a Class B misdemeanor. Additionally, the state may seek a repeat DWI enhancement.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §49.065. This law is current as of 2024.^2. Code of Criminal Procedure 12.02(a)^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §49.065(b)^5. Texas Penal Code §49.065(b)^6. Texas Penal Code §49.065(c)^7. Art. 42A.054, Texas Code of Criminal Procedure^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.056 and Art. 42A.102 .