Texas Penal Code Sec. 49.065: Assembling or Operating an Amusement Ride While Intoxicated makes it a crime to engage in the building or operation of any type of amusement park ride while drunk.
Assembling amusement rides requires following specific directions and ensuring all steps get completed accurately and completely.
Assembling or operating rides while drunk or on drugs could cause serious injury to riders and workers.
Texas Penal Code Sec. 49.065 Is a Serious Charge Under Texas Law
The District Attorney generally charges a violation of Texas Penal Code Section 49.065: Assembling or Operating an Amusement Ride While Intoxicated as a Class B misdemeanor. If convicted of this offense, you could receive penalties that include:
- A fine of up to $2,000; or
- Up to six months in county jail; or
- Both a fine and jail time
Probating a sentence may be possible based on the facts of the case and the judge’s discretion. If this happens in your case, you may need to complete community service, attend an alcohol and drug awareness program, or meet other requirements as outlined in your probation.
In some cases, the police may discover an open container of alcohol when they make an arrest based on this statute. If you had a beer, bottle of liquor, glass of wine, cocktail, or other drink in your immediate possession at the time of your arrest, you will face a minimum of six days in jail.
You Could Face Additional Penalties Depending on the Facts of Your Case
If you have a previous conviction of a similar charge, you will face an enhanced offense, a Class A misdemeanor. This calls for a minimum sentence of 30 days in jail. You will also face a larger fine. If it is your third or subsequent offense, you will likely face a felony of the third degree. This could mean two to 10 years in state prison and $10,000 in fines.
Any prior convictions can count against you, regardless of how long ago they occurred. Similar crimes that apply include:
- Driving a motor vehicle while intoxicated; and
- Operating an aircraft while intoxicated; and
- Operating a watercraft while intoxicated
You will also face enhanced charges and penalties if someone suffered injuries or died because of your actions. Intoxication assault is a third-degree felony charge while Intoxication manslaughter is a felony of the second degree (two to 20 years in prison, $10,000 fine).
Talk to a Texas Defense Attorney About Your Case Today
If you face allegations or were arrested for operating or assembling an amusement ride while intoxicated, the team from Eddington Worley is here to help. We can review the facts of your arrest and develop a defense on your behalf. We can go to work immediately to protect your rights during interrogation and stand by you during your arraignment.
Call us today at 855-600-6695 for a case review. We can answer your questions and help you navigate the criminal justice process.
