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 Tennessee, the offense of causing serious bodily injury to another person as a result of operating a motor vehicle while intoxicated is typically referred to as 'vehicular assault.' Under Tennessee law, specifically Tennessee Code Annotated (T.C.A.) § 39-13-106, a person commits vehicular assault when they recklessly operate a motor vehicle as the proximate result of the driver's intoxication and cause serious bodily injury to another person. Vehicular assault in Tennessee is classified as a Class D felony. The definition of intoxication in Tennessee generally includes impairment by alcohol, drugs, or a combination of both. Penalties for a Class D felony in Tennessee can include imprisonment, fines, and the revocation of driving privileges. It is important to note that the specific charges and penalties can vary based on the circumstances of the case and the defendant's criminal history.