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 Colorado, the criminal offense similar to 'intoxication assault' is referred to as 'Vehicular Assault.' Under Colorado Revised Statutes Section 18-3-205, a person commits vehicular assault if they operate or drive a motor vehicle while under the influence of alcohol or drugs, or while their ability to operate a vehicle is impaired by alcohol or drugs, and this conduct results in serious bodily injury to another person. Vehicular assault is a felony in Colorado. If the offense is committed while the driver is under the influence of alcohol or drugs, it is classified as a class 4 felony. If the offense is committed while the driver's ability to operate a vehicle is impaired by alcohol or drugs, it is a class 5 felony. Penalties for a class 4 felony can include 2 to 6 years in prison and/or a fine of $2,000 to $500,000. Penalties for a class 5 felony can include 1 to 3 years in prison and/or a fine of $1,000 to $100,000. These penalties can be increased under certain circumstances, such as if the offender has prior convictions.