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 Illinois, the criminal offense similar to 'intoxication assault' as described is typically referred to as 'Aggravated DUI'. Under Illinois law, a person commits an Aggravated DUI if they operate a motor vehicle under the influence of alcohol, drugs, or intoxicating compounds, and in doing so, are involved in a crash that results in great bodily harm, permanent disability, or disfigurement to another. This is outlined in 625 ILCS 5/11-501(d)(1)(F) of the Illinois Vehicle Code. Aggravated DUI is considered a Class 4 felony, which can result in severe penalties including imprisonment, fines, and a revocation of driving privileges. The specific circumstances of the incident, such as the level of injury caused and the driver's prior record, can influence the severity of the punishment.