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 Indiana, the criminal offense that corresponds to the concept of 'intoxication assault' is typically referred to as 'Operating While Intoxicated Causing Serious Bodily Injury' under Indiana Code 9-30-5-4. This statute makes it a felony for a person to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or more, or while intoxicated by drugs, and cause serious bodily injury to another person. The term 'serious bodily injury' is defined under Indiana law to include injuries that create a substantial risk of death or that result in serious permanent disfigurement, unconsciousness, extreme pain, or the loss of or impairment of a bodily function. The offense is a Level 6 felony, but it can be elevated to a Level 5 felony if the driver has a prior conviction for operating while intoxicated. Penalties for a Level 6 felony in Indiana can include six months to two and a half years of incarceration and a fine of up to $10,000, while a Level 5 felony can result in one to six years of incarceration and a fine of up to $10,000. It's important to note that specific circumstances of the case can influence the severity of the charges and penalties.