Level of intoxication refers to the number of drinks consumed to become impaired by alcohol. The level of intoxication varies by a person’s height, weight, food consumed, and type of alcohol drinks consumed. Texas measures this level of intoxication by measuring a person’s blood alcohol content (BAC) level.

Can I Get into Trouble in Texas for Operating an Amusement Ride While Drunk or High?

Yes. A person can be charged with a crime for operating or assembling an amusement ride while impaired by alcohol and/or drugs. The law is called assembling or operating an amusement ride while intoxicated.

How Is This Law Defined in Texas?

According to the law, a person is guilty when intoxicated while operating an amusement ride. A person is also guilty of this crime when they assemble a mobile amusement ride.

Is Assembling or Operating an Amusement Ride while Intoxicated a Felony?

No. This charge is a Class B misdemeanor. A person convicted of operating or assembling an amusement park ride while intoxicated may receive a sentence consisting of:

  • 180 days in county jail
  • $4,000 fine
  • A fine and time in county jail

Will I Have to Do Any Minimum Jail Time If I Am Convicted?

Yes. State law requires a minimum of three days in county jail for this crime.

Will My Sentence Be Worse If I Am Also Charged with Being In Possession of an Open Container?

Operating an amusement ride while intoxicated is a Class B misdemeanor regardless of whether a person is caught with an open alcohol container in their possession. What is different is the minimum time in county jail the person receives. State law requires a person to serve a minimum term of six days in jail if they are convicted of both operating or assembling an amusement park ride while intoxicated and being in possession of an open container.

Should I Contact a Lawyer about My Case?

It is vital to obtain legal representation when facing any type of intoxication crime. Contact a Texas lawyer immediately to fight your charge.