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Criminal charges

intoxication assault

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 Montana, the offense of causing bodily injury to another person while operating a vehicle under the influence is typically referred to as vehicular assault or negligent vehicular assault. Under Montana law, specifically Montana Code Annotated (MCA) 61-8-401 and 45-5-205, a person commits the offense of negligent vehicular assault if they operate a vehicle negligently and while under the influence of alcohol or drugs, causing bodily injury to another person. This offense is a felony and carries penalties that may include imprisonment, fines, and the suspension of the driver's license. The severity of the punishment can vary based on the circumstances of the case, such as the level of negligence and the extent of the injuries caused. It's important to note that state laws can change, and the current statutes should be consulted for the most up-to-date legal information.


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Montana State Code