Texas Penal Code 49.065 – Assembling or Operating an Amusement Ride While Intoxicated
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.
Glowing Client Reviews
Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.
Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.
I really appreciated all he did for me.
Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.
He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!
Trey Porter fought for me! I am a nurse and thought my career was over.
Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.
He saved my career. Forever grateful!
Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
Contact Trey Porter Today
Request a free consultation
The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.
