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 Oklahoma, the offense of causing an accident that results in serious bodily injury while operating a motor vehicle under the influence of alcohol or drugs is typically referred to as 'DUI with Great Bodily Injury' rather than 'intoxication assault,' which is a term used in some other states. Under Oklahoma law, specifically 47 O.S. § 11-904, if a person is convicted of DUI and it is determined that they caused an accident leading to great bodily injury to another person, they may face felony charges. The term 'great bodily injury' implies a significant level of harm, which is more severe than minor or moderate injuries. Penalties for this felony offense can include imprisonment, fines, and the revocation of driving privileges. The exact punishment can vary depending on the circumstances of the case and the individual's prior criminal history, particularly any previous DUI offenses.