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 Idaho, the criminal offense similar to what is described as 'intoxication assault' in other states is typically referred to as 'Aggravated DUI.' Under Idaho Code § 18-8006, a person commits Aggravated DUI if they operate a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substance, and in doing so, cause 'great bodily harm, permanent disability, or permanent disfigurement' to another person. This offense is a felony and carries severe penalties, including potential imprisonment, fines, and driver's license suspension. The specific penalties can vary based on the circumstances of the case and the offender's prior criminal history. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in Idaho DUI and criminal law to understand the charges and potential defenses.