Intoxication Assault
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
To prove this offense, the State must establish each of the following elements: Operating motor vehicle in public place; By reason of intoxication, by accident or mistake; Causes serious bodily injury to another; 3rd degree felony.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Operating motor vehicle in public place
- By reason of intoxication, by accident or mistake
- Causes serious bodily injury to another
- 3rd degree felony
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
| If this condition applies… | Charge escalates to |
|---|---|
| Causes SBI to peace officer/firefighter/EMS in lawful discharge of duties | 2nd degree felony |
| Causes traumatic brain injury resulting in persistent vegetative state | 2nd degree felony |
Learn more about this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
An intoxicated driver runs a red light and strikes another vehicle. The other driver is hospitalized with a punctured lung and multiple broken ribs. Most likely felony?
- DWI w/ child passenger — state jail felony
- Intoxication Assault — 3rd degree felony Correct
- Intoxication Manslaughter — 2nd degree felony
- Aggravated Assault — 2nd degree felony