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 Massachusetts, the criminal offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as Operating Under the Influence (OUI) causing serious bodily injury. Under Massachusetts General Laws Chapter 90, Section 24L, a person who operates a motor vehicle while under the influence of alcohol or drugs and causes serious bodily injury to another person can be charged with this felony offense. Serious bodily injury is defined as creating a substantial risk of death, causing disfigurement, loss or impairment of a body part, or resulting in a loss of consciousness. The penalties for an OUI causing serious bodily injury can include imprisonment, fines, and a suspension of the driver's license. The specific punishment depends on various factors, including the severity of the injury caused and the driver's prior record of OUI offenses.