Assembling or Operating an Amusement Ride While Intoxicated

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Assembling or operating an amusement ride while intoxicated is a Class B Misdemeanor with a minimum term of confinement of 72 hours for the first offense. If, upon arrest, you have an open container of any alcoholic beverage within your immediate possession, the minimum term of confinement jumps to 6 days. On the second offense, i.e. if you have ever been convicted of DWI, Boating_While_Intoxicated, Flying_While_Intoxicated, or Assembling_or_Operating_an_Amusement_Ride_While_Intoxicated, it becomes a Class_A_Misdemeanor with a minimum term of confinement of 30 days.

If you have been convicted of TWO prior "intoxication offenses" involving cars, aircraft, watercraft, or amusement rides, or you have once been convicted of Intoxication_Manslaughter then it is a Third_Degree_Felony.

Statute(s)

§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.

Added by Acts 1999, 76th Leg., ch. 1364, Sec. 9, eff. Jan. 1, 2000.