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 New Hampshire, the criminal offense similar to 'intoxication assault' is typically referred to as 'Aggravated Driving While Intoxicated' (Aggravated DWI). Under New Hampshire law, specifically RSA 265-A:3, a person commits Aggravated DWI if they operate a motor vehicle while under the influence of intoxicating liquor or drugs and, in doing so, cause a motor vehicle, boating, or OHRV-related accident resulting in serious bodily injury to another. Serious bodily injury is defined as any harm which carries a substantial risk of death or which causes protracted loss or impairment of the function of any body part or organ. Aggravated DWI is a felony offense in New Hampshire and can result in severe penalties, including significant jail time, fines, and the loss of driving privileges. The exact penalties depend on the circumstances of the case and the offender's prior record.