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 Nebraska, the criminal offense similar to intoxication assault is typically referred to as 'Motor Vehicle Homicide' or 'Assault by Motor Vehicle' when it involves causing serious bodily injury to another person while driving under the influence of alcohol or drugs. Under Nebraska Revised Statute 28-306, Motor Vehicle Homicide is committed when a person causes the death of another unintentionally while operating a motor vehicle in violation of the laws of Nebraska or in a manner that constitutes reckless driving. If the driver is found to be under the influence of alcohol or drugs, the offense is treated more severely. While Nebraska law does not use the term 'intoxication assault,' causing serious bodily injury to another while driving under the influence can lead to charges under different statutes, such as DUI causing serious bodily injury. These offenses are considered felonies and carry penalties that may include imprisonment, fines, and license revocation. The specific charges and penalties can vary based on the circumstances of the case and the level of injury caused.