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 Ohio, the criminal offense similar to what is described as 'intoxication assault' in other states is typically referred to as 'vehicular assault' when it involves the operation of a motor vehicle. Under Ohio Revised Code Section 2903.08, a person can be charged with vehicular assault if they cause serious physical harm to another person while operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them (OVI). This offense is a felony, and the severity of the charge can range from a fourth-degree felony to a second-degree felony, depending on factors such as the level of intoxication and prior OVI convictions. The penalties for vehicular assault in Ohio can include prison time, fines, and a driver's license suspension. It's important to note that Ohio law also addresses operating an aircraft or watercraft under the influence, but these are covered under separate statutes.
