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 Alabama, the crime of causing serious bodily injury to another person while driving under the influence is typically referred to as Assault in the Second Degree under Section 13A-6-21 of the Alabama Code when it involves a DUI situation. Specifically, if a person operates a vehicle while intoxicated and, as a result, causes serious physical injury to another person, they may be charged with this felony offense. The term 'serious physical injury' is defined under Alabama law as physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. The penalties for a conviction can include significant prison time, fines, and the revocation of driving privileges. It's important to note that while the term 'intoxication assault' is not specifically used in Alabama statutes, the described conduct falls under the broader category of assault offenses which are taken very seriously and are vigorously prosecuted in the state.