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 Mexico, the offense similar to what is described as 'intoxication assault' in other states is typically referred to as 'Great Bodily Harm by Vehicle' (GBH by Vehicle), which is covered under the New Mexico Statutes Annotated (NMSA) 1978, Section 66-8-101. This statute states that causing great bodily harm to another person as a result of operating a motor vehicle while under the influence of intoxicating liquor or drugs is a third-degree felony. Great bodily harm is defined as an injury that creates a high probability of death, results in serious disfigurement, or results in the loss or impairment of the function of any bodily member or organ. The penalties for a conviction of GBH by Vehicle can include significant prison time, fines, and the revocation of driving privileges. It is important to note that New Mexico law does not require the operation of other types of vehicles, such as aircraft or watercraft, for this specific offense; it is focused on motor vehicle operation.