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 Pennsylvania, the criminal offense similar to 'intoxication assault' is often referred to as 'Aggravated Assault by Vehicle While Driving Under the Influence' and is codified under Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, Section 3735.1. This offense occurs when a person negligently causes serious bodily injury to another while driving under the influence of alcohol or a controlled substance. It is a felony of the second degree. Pennsylvania law defines 'serious bodily injury' as an injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The penalties for this offense can include significant prison time, fines, and a driver's license suspension. The state does not require the operation of other types of vehicles, such as aircraft or watercraft, for this specific offense; however, separate statutes may address similar conduct involving different types of vehicles.