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 Vermont, the criminal offense similar to what is described as 'intoxication assault' in other jurisdictions is typically referred to as 'DUI with serious bodily injury.' Under Vermont law, if a person operates a motor vehicle under the influence of alcohol or other drugs and causes an accident resulting in serious bodily injury to another, they can be charged with this offense. Vermont statutes define 'serious bodily injury' as an injury which involves a substantial risk of death, serious disfigurement, or loss or impairment of any body part or organ. This offense is considered a felony in Vermont and carries severe penalties, including potential imprisonment, fines, and a driver's license suspension. The specific provisions for this offense can be found in the Vermont Statutes, Title 23 (Motor Vehicles), Chapter 13 (Operation of Vehicles), under the sections dealing with driving under the influence (DUI).