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 North Carolina, the crime of causing serious injury by vehicle while under the influence of an impairing substance is addressed under General Statute § 20-141.4. This statute makes it a felony for a person to unintentionally cause serious injury to another person while driving a vehicle on a highway and while under the influence of an impairing substance or after having consumed sufficient alcohol to have a blood alcohol concentration of 0.08 percent or more. The offense is classified as a Class F felony, which can result in significant penalties, including potential imprisonment. North Carolina does not use the term 'intoxication assault,' but the described conduct falls under the aforementioned statute. Penalties for a Class F felony in North Carolina can include active, intermediate, or community punishment, with potential imprisonment ranging from 10 to 41 months, depending on prior convictions and other factors considered during sentencing.