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 Jersey, the criminal offense similar to 'intoxication assault' is typically referred to as 'Assault by Auto or Vessel' when it involves a vehicle and the driver is intoxicated. Under New Jersey law, specifically N.J.S.A. 2C:12-1(c), a person is guilty of assault by auto or vessel when they drive a vehicle or vessel recklessly and cause either serious or bodily injury to another person. If the driver is intoxicated by alcohol or drugs and causes serious bodily injury, the offense is treated more severely. This offense can be graded as a crime of the second, third, or fourth degree, depending on the circumstances, such as the degree of injury and whether the offense occurred in a school zone. Penalties for this crime can include significant fines, a period of driver's license suspension, and imprisonment. The exact punishment depends on the degree of the crime, with second-degree offenses carrying the most severe penalties, including a presumption of imprisonment, even for first-time offenders.