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 Maine, the criminal offense similar to 'intoxication assault' as described is typically referred to as 'Operating Under the Influence (OUI) with Serious Bodily Injury.' Under Maine law, a person commits OUI if they operate a motor vehicle while under the influence of intoxicants, such as alcohol or drugs, to a level that impairs their ability to drive safely. When an OUI results in an accident causing serious bodily injury to another person, the offense is elevated in severity. This is covered under Title 29-A, Section 2411 of the Maine Revised Statutes. The penalties for causing serious bodily injury while operating under the influence are more severe than for a standard OUI offense and can include significant fines, a lengthy license suspension, and imprisonment. The exact penalties depend on the circumstances of the case and the offender's prior record. It is a felony offense, reflecting the serious nature of the crime and its consequences.