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 Utah, the offense of causing serious bodily injury while operating a vehicle under the influence is known as 'Automobile Homicide.' According to Utah Code § 76-5-207, a person may be charged with this felony if they operate a motor vehicle in a negligent manner causing the death of another and have a blood alcohol content (BAC) of .08% or higher, or are under the influence of drugs or alcohol to a degree that renders them incapable of safely operating a vehicle. While the term 'intoxication assault' is not specifically used in Utah statutes, the concept is similar. The offense is a second-degree felony, which can result in substantial prison time, fines, and a driver's license suspension. If the individual has prior serious traffic offenses, the charge can be elevated to a first-degree felony. It's important to note that the penalties and charges may vary based on the circumstances of the case and the individual's criminal history.