A person commits the criminal offense of intoxication assault if the person operates a motor vehicle while intoxicated and causes an accident that results in the serious bodily injury of another person.
Some states have a broader definition of intoxication assault and may charge an intoxicated person who negligently causes serious bodily injury to another person while operating a motor vehicle, an aircraft, a watercraft, or an amusement ride with the crime of intoxication assault.
Intoxication assault is a felony offense and may be punished by significant jail or prison time. Intoxication assault laws are generally located in a state's statutes—often in the penal or criminal code.
In Alaska, the criminal offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as 'Assault in the Second Degree' when it involves operating a vehicle under the influence and causing serious physical injury to another person. Under Alaska Statutes Section 11.41.210, a person commits the offense of Assault in the Second Degree if they recklessly cause serious physical injury to another person, among other things. When the injury is a result of driving under the influence, this can be charged if the driver was intoxicated to the extent that it impaired their ability to operate a motor vehicle safely. Driving under the influence is defined under Alaska Statutes Section 28.35.030. The offense of Assault in the Second Degree is a Class B felony in Alaska, which can result in significant penalties, including imprisonment, fines, and a lengthy period of probation. The exact punishment would depend on the specifics of the case and the defendant's criminal history.