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 Hawaii, the offense similar to what is often referred to as 'intoxication assault' in other jurisdictions is addressed under Hawaii's Operating a Vehicle Under the Influence of an Intoxicant (OVUII) laws. Specifically, if a person operates a vehicle while under the influence of an intoxicant and causes serious bodily injury to another person, they can be charged with OVUII causing serious bodily injury. This is a felony offense under Hawaii Revised Statutes Section 291E-61. This law applies to the operation of motor vehicles, and the definition of 'serious bodily injury' aligns with the broader understanding of causing significant harm to another person. The penalties for this felony can include substantial fines, imprisonment, and the revocation of the driver's license. The exact punishment can vary based on the circumstances of the case and the individual's prior record of similar offenses.