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 South Dakota, the offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as 'vehicular battery.' According to South Dakota Codified Laws (SDCL), a person may be charged with vehicular battery if they operate a vehicle while under the influence of alcohol or drugs and cause serious bodily injury to another person. This offense is considered a felony. The specific statutes that address this issue are SDCL 22-18-1.1, which defines 'serious bodily injury,' and SDCL 22-18-36, which outlines the offense of vehicular battery. The penalties for a vehicular battery conviction can include significant jail or prison time, fines, and the loss of driving privileges. The severity of the punishment often depends on the circumstances of the case, including the level of injury caused and the defendant's prior criminal history.