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 California, the criminal offense similar to 'intoxication assault' as described is typically charged under California's DUI (Driving Under the Influence) laws, specifically when the DUI results in injury, under California Vehicle Code 23153. This statute makes it a crime for a person to operate a motor vehicle under the influence of alcohol or drugs and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. The offense can be charged as a misdemeanor or a felony, depending on the circumstances and the severity of the injuries caused. Felony DUI with injury can result in significant prison time, fines, and other penalties such as the requirement to attend DUI school, suspension of driving privileges, and the installation of an ignition interlock device on the offender's vehicle.