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 Iowa, the criminal offense related to operating a motor vehicle while intoxicated and causing serious bodily injury to another person is typically referred to as 'Operating While Intoxicated (OWI) Causing Serious Injury.' Under Iowa Code Section 321J.2B, if a person operates a motor vehicle while under the influence of alcohol or drugs and causes serious injury to another person, they commit a class 'D' felony. A serious injury is defined as a bodily injury creating a substantial risk of death or causing serious permanent disfigurement or protracted loss or impairment of the function of any part or organ of the body. Penalties for a class 'D' felony in Iowa can include imprisonment for up to five years and a fine ranging from $750 to $7,500. This law is specific to motor vehicle incidents and does not encompass other vehicles or amusement rides as some other states' broader intoxication assault laws might.