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 West Virginia, the offense of causing injury while driving under the influence is addressed under West Virginia Code §17C-5-2, which pertains to DUI causing bodily injury. If a person operates a motor vehicle while under the influence of alcohol, controlled substances, or drugs, and consequently causes bodily injury to another person, they may be charged with this offense. This is considered a felony in West Virginia. The term 'serious bodily injury' typically refers to injuries that create a substantial risk of death, cause serious permanent disfigurement, or result in the long-term loss or impairment of the function of any bodily member or organ. The penalties for a conviction can include imprisonment, fines, and the suspension or revocation of the driver's license. It's important to note that the specific circumstances of the incident and the severity of the injuries caused can influence the exact charges and penalties.