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 Delaware, the offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as 'Vehicular Assault.' Under Delaware law, a person is guilty of Vehicular Assault in the first degree when they operate a vehicle while under the influence of alcohol or drugs and cause serious physical injury to another person as a result. This is considered a Class E felony, which can result in significant penalties, including imprisonment, fines, and a driver's license suspension. Delaware law also recognizes Vehicular Assault in the second degree, which involves causing serious physical injury while driving a vehicle carelessly or with criminal negligence. This is a less severe offense than first-degree Vehicular Assault but still carries serious consequences. The specific statutes detailing these offenses and their penalties can be found in Title 21 of the Delaware Code, which covers motor vehicles, specifically sections 2118 and 4177, and in the Delaware Criminal Code.