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 Wisconsin, the criminal offense similar to 'intoxication assault' is referred to as 'Operating While Intoxicated (OWI) Causing Injury' under Wisconsin Statutes Section 940.25. If a person operates a motor vehicle while under the influence of an intoxicant and causes injury to another person, they can be charged with this offense. The law applies to injuries caused while operating motor vehicles, and it does not explicitly mention aircraft, watercraft, or amusement rides. This offense is a Class F felony if the individual causes great bodily harm, and a Class H felony if the injury is less severe. Penalties for a Class F felony can include a fine of up to $25,000 and/or imprisonment for up to 12.5 years, while a Class H felony can result in a fine of up to $10,000 and/or imprisonment for up to 6 years. Additionally, if the operator has prior OWI convictions, suspensions, revocations, or disqualifications, the penalties may be more severe.