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 Michigan, the criminal offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as 'Operating While Intoxicated Causing Serious Bodily Injury' under Michigan law. According to Michigan Vehicle Code (MCL 257.625(5)), if a person operates a vehicle while intoxicated, or with an unlawful blood alcohol level, and causes an accident that results in the serious impairment of a body function of another person, they can be charged with a felony. The term 'serious bodily injury' is defined under Michigan law to mean an injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body. Penalties for this offense can include imprisonment, fines, and the suspension or revocation of the driver's license. The specific statutes governing these offenses provide the framework for prosecution and sentencing in such cases.