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 Oregon, the criminal offense similar to 'intoxication assault' as described is typically referred to as 'Assault in the Third Degree' under ORS 163.165 when involving a motor vehicle and an intoxicated driver. Specifically, if a person operates a motor vehicle while under the influence of intoxicants (alcohol, controlled substances, or inhalants) and causes serious physical injury to another, they can be charged with this crime. Oregon law defines 'serious physical injury' as an injury that creates a substantial risk of death or causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ. Assault in the Third Degree is a Class C felony in Oregon, which can result in significant penalties, including prison time, fines, and a long-term impact on the offender's criminal record. It's important to note that the specific charges and penalties can vary based on the circumstances of the case and the offender's criminal history.