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 Minnesota, the criminal offense that corresponds to 'intoxication assault' is often referred to as 'Criminal Vehicular Operation' (CVO) under Minnesota Statutes Section 609.21. A person may be charged with CVO if they operate a motor vehicle while under the influence of alcohol or a controlled substance and cause an accident that results in great bodily harm, substantial bodily harm, or death to another person. The level of injury to the victim determines the severity of the charge, with great bodily harm resulting in more serious charges. This offense is a felony and can result in significant penalties, including imprisonment, fines, and the loss of driving privileges. The specific circumstances of the incident, such as the driver's blood alcohol content and prior offenses, can influence the severity of the punishment.