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 Kansas, the criminal offense related to operating a vehicle under the influence and causing serious bodily injury to another person is typically referred to as 'Aggravated Battery While Driving Under the Influence' and is codified in Kansas Statutes Annotated (K.S.A.) 21-5413. This statute outlines that if a person, while driving under the influence of alcohol or drugs, causes great bodily harm or disfigurement to another, they commit a severity level 4 person felony. Kansas law defines 'driving under the influence' (DUI) in K.S.A. 8-1567, which includes not only the operation of motor vehicles but also aircraft, watercraft, or any other means of conveyance. Penalties for a conviction of Aggravated Battery While Driving Under the Influence can include significant prison time, fines, and a suspension of driving privileges. The specific circumstances of the incident and the offender's criminal history can affect the severity of the punishment.