An assembling or operating an amusement ride while intoxicated charge in Texas could seriously affect your future. At Blass Law, we do everything possible to defend you and preserve your future. We have assisted countless individuals and families in Texas with moving past similar situations. Call Blass Law as soon as possible at (713) 225-1900 to discuss your options, before you speak with anyone about your case.
Penalties for Operating Amusement Rides While Intoxicated in Texas
In Texas, assembling or operating an amusement ride while intoxicated does not fit into the same definition as driving a motor vehicle while intoxicated, but you may still be charged with a serious crime.
The term “intoxicated” is defined as “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; or… having an alcohol concentration of 0.08 or more.”
An assembling or operating an amusement ride while intoxicated conviction is punishable by Class B misdemeanor, 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, for the first offense.
If you were proven to be in immediate possession of an open or unsealed alcoholic beverage at the time of the offense, the minimum incarceration sentence is increased to six days. Some of the other penalties for a Texas Penal Code §49.065 (assembling or operating an amusement ride while intoxicated) conviction may include:
- Minimum jail time of 72 hours up to 20 years
- Maximum fine of $2,000 up to $10,000
- Community service
- Community supervision
These penalties may increase based on the factors of your case, which the court will take into consideration when determining an appropriate sentence. Some of these factors include criminal history and whether any property damage, personal injury, or deaths occurred in connection with the offense.
If you have a prior conviction for another alcohol-related offense, such as driving while intoxicated, a subsequent offense for assembling or operating an amusement ride while intoxicated may be considered a 2nd offense. Do not let these charges ruin your life without a fight. Call Blass Law at (713) 225-1990 today.
Blass Law Will Fight to Protect Your Rights
At Blass Law, we are familiar with the procedures that law enforcement officers use to investigate and prosecute § 49.065 (assembling or operating an amusement ride while intoxicated) charges in Texas. To convict you, the state must prove to a jury that you were intoxicated while operating or assembling an amusement ride beyond a reasonable doubt.
Proving that you were intoxicated while operating or assembling an amusement ride at the same time appears to be a straightforward undertaking, but it is often quite complex. This can be quite difficult to prove because a conviction will require an articulable basis for the officer’s belief that you are guilty. The officer’s reasoning for arresting you must be objective. It may not be based on the officer’s guesses, or personal beliefs.
Let us do everything possible to defend you and get a favorable outcome for your case. In the event that you hire us to represent you, we will conduct our own investigation, review all of the state’s evidence, interview witnesses, and challenge your charge aggressively. Some of the favorable results we may obtain for you include:
- Release on your own recognizance
- Reduced charges
- Plea deals for lower offenses
- Reduced sentences
- Reinstatement of professional licenses
Speaking to investigators about your case outside the presence of an experienced criminal defense attorney could do irreparable damage to or eliminate the possibility of forming a viable defense.
Do not be misled into believing that you do not have rights or that you are required to make any statements to investigators without a lawyer present. Let us start building your defense right away, so you can be fully prepared when your case goes to court. Call us at (713) 225-1900 for a confidential case evaluation.