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 York, the criminal offense that corresponds to 'intoxication assault' as described is typically referred to as 'vehicular assault.' Under New York law, a person is guilty of vehicular assault when they cause serious physical injury to another person as a result of driving while intoxicated or impaired by alcohol or drugs. New York State Vehicle and Traffic Law Section 1192 outlines offenses related to driving while ability is impaired, and Penal Law Sections 120.03 and 120.04 define vehicular assault in the first and second degrees, respectively. Vehicular assault in the second degree is a class E felony, while vehicular assault in the first degree, which involves more serious circumstances such as a higher level of intoxication or a prior conviction, is a class D felony. Penalties for these offenses can include imprisonment, fines, and driver's license suspension or revocation. It's important to note that New York does not use the term 'intoxication assault,' but the concept is encompassed within its vehicular assault statutes.