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 Kentucky, the criminal offense that aligns with the description of intoxication assault is typically referred to as 'Assault Under Extreme Emotional Disturbance' or 'Assault in the Second Degree' when involving a motor vehicle and intoxication. According to Kentucky law, specifically KRS 508.025, a person is guilty of Assault in the Second Degree when they operate a motor vehicle under the influence of alcohol or other substances and, as a result, cause serious physical injury to another person. This offense is a Class C felony, which can result in a prison sentence ranging from 5 to 10 years. Additionally, if the individual is found to have operated the vehicle under the influence, they may also face charges under Kentucky's DUI laws, which can include fines, license suspension, and other penalties. It's important to note that the specific charges and penalties can vary based on the circumstances of the incident and the individual's criminal history.