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 Virginia, the criminal offense similar to intoxication assault is typically referred to as 'DUI causing maiming' under Virginia Code § 18.2-51.4. This statute states that any person who, as a result of driving while under the influence of alcohol or drugs, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The term 'serious bodily injury' implies injuries that involve a substantial risk of death, significant physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ. The penalties for a Class 6 felony in Virginia can include one to five years of imprisonment or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. Additionally, the offender's driver's license may be suspended or revoked. It's important to note that Virginia law does not extend the definition of this offense to the operation of aircraft, watercraft, or amusement rides, focusing primarily on motor vehicle operation.