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 Georgia, the crime of causing serious injury by vehicle, which is similar to what is referred to as 'intoxication assault' in some other states, is covered under Georgia Code § 40-6-394. This statute makes it a felony for any person to cause bodily harm to another by driving a vehicle while under the influence of alcohol, drugs, or other intoxicants to the extent that it is less safe for the person to drive. The term 'serious injury' is defined as an injury that deprives the victim of a part of their body, renders a part of their body useless, seriously disfigures the body or a body part, or causes organic brain damage that renders the body or any of its members useless. The penalties for causing serious injury by vehicle in Georgia can include significant prison time, fines, and the suspension of driving privileges. It is important to note that the specific circumstances of the incident and the severity of the injuries caused can influence the severity of the charges and penalties.