WHAT IS ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
The Texas law against assembling or operating an amusement ride while intoxicated prohibits ride operators and others who assemble or build amusement rides from doing so while under the influence of drugs or alcohol to the point of legal intoxication.
- What is the legal limit for intoxication in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a blood alcohol concentration (“BAC”) of 0.08 or more; or (2) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.The subjective definition, or one’s loss of normal use of mental or physical faculties, does not require proof that a person’s blood alcohol concentration was above 0.08.For example, in Aguirre v. State, the defendant was arrested for DWI, and his blood test later showed a 0.075 blood alcohol concentration. But the other evidence showed he was going 102 miles per hour, had bloodshot eyes, slurred speech, and a can of beer in the car. The defendant also showed several clues of intoxication during the Standardized Field Sobriety Tests (SFSTs). Based on the evidence, the jury found him guilty, and the appellate court affirmed.
WHAT IS THE ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED LAW IN TEXAS?
Tex. Penal Code § 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED
(a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days.
WHAT IS THE PENALTY CLASS FOR ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
The penalty classification for assembling or operating an amusement ride while intoxicated depends on a person’s prior convictions, if any.
- Class B misdemeanor, punishable by 72 hours to 180 days in county jail:
- first assembling or operating an amusement ride while intoxicated offense;
- Class B misdemeanor, punishable by six days to 180 days in county jail:
- first assembling or operating an amusement ride while intoxicated offense with an open container;
- Class A misdemeanor, punishable by 30 days to one year in county jail:
- second assembling or operating an amusement ride while intoxicated arrest with one prior intoxication-related conviction or deferred adjudication;
- Third degree felony, punishable by two to ten years in prison:
- assembling or operating an amusement ride while intoxicated with at least two prior intoxication-related convictions or deferred adjudication (DWI 3rd or more); or
- assembling or operating an amusement ride while intoxicated with a prior conviction for intoxication manslaughter.
WHAT IS THE PUNISHMENT RANGE FOR ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
The punishment range for assembling or operating an amusement ride while intoxicated corresponds to the penalty classification, and a person’s prior convictions, if any.
- Class B misdemeanor assembling or operating an amusement ride while intoxicated, first offense:
- three days to 180 days in jail, maximum $2,000 fine;
- Class B misdemeanor assembling or operating an amusement ride while intoxicated, first offense with an open container:
- six days to 180 days in jail, maximum $2,000 fine;
- Class A misdemeanor assembling or operating an amusement ride while intoxicated, second offense:
- 30 days to one year in jail, maximum $4,000 fine;
- Third degree felony assembling or operating an amusement ride while intoxicated with two prior intoxication-related offenses, or a prior intoxication manslaughter conviction:
- two to ten years in prison, maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
A person charged with assembling or operating an amusement ride while intoxicated is not eligible for deferred adjudication. The probation community supervision period for assembling or operating an amusement ride while intoxicated charged as a Class A or Class B misdemeanor may not exceed two years. If charged as a third degree felony, the community supervision term may not exceed ten years.
WHAT ARE THE DEFENSES TO ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
The statute does not authorize specific defenses to assembling or operating an amusement ride while intoxicated. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS?
The limitation period for assembling an amusement ride while intoxicated categorized as a misdemeanor is two years. If classified as a felony, the limitation period is three years.
ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED IN TEXAS
Texas law punishes assembling or operating an amusement ride while intoxicated in an effort to ensure the safety of all passengers riding amusement rides. Anyone intoxicated or under the influence of drugs who operates rides may be charged with, at minimum, a Class B misdemeanor.
