Vehicular Assault Laws by State (2026)
How each state handles vehicular assault and the penalties, from each state's code.
| State | Vehicular assault |
|---|---|
| Alabama | Alabama has no offense called vehicular assault; injuring someone while impaired is charged as assault. Causing serious physical injury to another person with a vehicle or boat while driving under the influence of alcohol or drugs is first-degree assault, a Class B felony (2 to 20 years). Recklessly causing serious physical injury by means of a deadly weapon or dangerous instrument is second-degree assault, a Class C felony (1 year and 1 day to 10 years). Separately, serious injury caused during an illegal speed contest or street 'sideshow' is a Class C felony with a 2-year driving ban. Ala. Code 1975 §§ 13A-6-20(a)(5), (b), 13A-6-21(a)(3), 13A-11-300(d)(2); § 13A-5-6 |
| Alaska | Alaska has no state law that creates a separate vehicular assault crime; injuring someone with a vehicle, including while impaired, is charged under the general assault degrees. Recklessly causing serious physical injury with a dangerous instrument (anything that, as used, is capable of causing death or serious physical injury) is assault in the first degree, a class A felony (up to 20 years); recklessly causing serious physical injury is assault in the second degree, a class B felony (up to 10 years); and recklessly causing physical injury with a dangerous instrument is assault in the third degree, a class C felony (up to 5 years). Driving under the influence itself is a separate class A misdemeanor (a felony after two prior convictions within 10 years). AS 11.41.200, 11.41.210, 11.41.220, 11.81.900(b)(16), 28.35.030; AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Arizona has no offense named vehicular assault. Breaking a listed traffic law (such as speeding or failing to yield) in a way that causes a crash seriously injuring or killing someone is a class 1 misdemeanor (up to 6 months), with mandatory traffic survival school, possible community restitution, and a license suspension or restriction of 90 to 180 days for serious injury or 180 days to 1 year for a death (longer for a repeat within 36 months). More serious cases may be charged as aggravated assault, which covers causing serious physical injury to another or using a dangerous instrument and is a class 3 felony (class 2 if the victim is under 15). A.R.S. §§ 28-672, 13-1204(A)(1)-(2), (F); §§ 13-702(D), 13-707 |
| Arkansas | Arkansas has no offense named vehicular assault; it is charged as battery. Recklessly causing serious physical injury while operating or in actual physical control of a motor vehicle or motorboat while intoxicated, or with an alcohol concentration of 0.08 or more, is second-degree battery, a Class C felony (3 to 10 years). Other second-degree battery is a Class D felony. Causing serious physical injury under circumstances showing extreme indifference to human life is first-degree battery, a Class B felony (5 to 20 years), though that section does not mention vehicles. Ark. Code §§ 5-13-202(a)(3)(B), 5-13-201(a)(3), (c)(1); §§ 5-4-201, 5-4-401 |
| California | California does not use the name 'vehicular assault'; injuring someone while driving under the influence is 'DUI causing injury.' It applies when a driver who is under the influence or at 0.08% BAC or more (0.04% in a commercial vehicle) breaks a traffic law or neglects a duty and that causes bodily injury to someone else. A first offense is punishable by state prison, or 90 days to 1 year in county jail, and a fine of $390 to $1,000, with a license suspension, so it can be charged as a misdemeanor or felony; a repeat within 10 years carries 120 days to 1 year in jail or state prison and $390 to $5,000. Reckless driving that causes listed injuries such as a concussion, broken bone or paralysis is punishable as a 1170(h) felony or by 30 days to 6 months in county jail. Cal. Veh. Code 23153, 23554, 23560, 23105; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Vehicular assault is causing serious bodily injury to another person by driving a motor vehicle recklessly, or while under the influence of alcohol or drugs, or while impaired by them. Driving under the influence and causing serious injury is a strict-liability class 4 felony (2 to 6 years). Reckless driving that causes serious injury, or driving while ability-impaired that causes serious injury, is a class 5 felony (1 to 3 years). C.R.S. § 18-3-205(1), (1)(c); § 18-1.3-401 |
| Connecticut | Assault in the second degree with a motor vehicle (causing serious physical injury to someone while driving under the influence of alcohol or drugs) is a class D felony (up to 5 years, up to $5,000). The court must also suspend the driver's license for one year and require an ignition interlock for two years after it is restored. Recklessly causing serious physical injury is assault in the third degree, a class A misdemeanor (up to 1 year), under the general assault law. Conn. Gen. Stat. §§ 53a-60d, 53a-61; §§ 53a-35a, 53a-36 |
| Delaware | Vehicular assault in the first degree (causing serious physical injury by negligent driving while under the influence of alcohol or drugs or with a prohibited alcohol or drug content) is a class F felony (up to 3 years). Vehicular assault in the second degree (causing serious physical injury by criminally negligent driving, or causing physical injury by negligent driving while impaired) is a class A misdemeanor (up to 1 year), and vehicular assault in the third degree (causing physical injury by criminally negligent driving) is a class B misdemeanor (up to 6 months). 11 Del. C. §§ 628, 628A, 629; 11 Del. C. §§ 4205, 4206 |
| District of Columbia | D.C. has no offense named 'vehicular assault.' Aggravated reckless driving covers driving 30 mph or more over the limit, or driving recklessly (20 mph over or with conscious disregard of the risk) and causing bodily injury to another person, colliding with another vehicle, or causing $1,000 or more in property damage; it carries up to 180 days in jail, or up to 2 years for a third or later offense within 2 years. D.C. Code § 50-2201.04(c), (e) |
| Florida | Driving under the influence and causing serious bodily injury to another person is a third-degree felony (up to 5 years, $5,000), and causing other injury or property damage while DUI is a first-degree misdemeanor (up to 1 year). Reckless driving (willful or wanton disregard for safety) that causes serious bodily injury is also a third-degree felony, and reckless driving that causes property damage or injury is a first-degree misdemeanor. Fla. Stat. §§ 316.193(3)(c)1.-2., 316.192(3); §§ 775.082, 775.083 |
| Georgia | Serious injury by vehicle (without malice, causing a crash that results in 'bodily harm' — loss or uselessness of a body part, serious disfigurement, or organic brain damage — while driving recklessly, under the influence, or otherwise violating the reckless or impaired driving laws) is a felony punishable by 1 to 15 years in prison. Causing such an injury and knowingly leaving the scene is a felony punishable by 1 to 10 years. O.C.G.A. § 40-6-394 |
| Hawaii | Negligent injury in the first degree (causing serious bodily injury to another person, or substantial bodily injury to a pedestrian, cyclist or other vulnerable road user, by operating a vehicle negligently) is a class C felony (5 years). Negligent injury in the second degree (causing substantial bodily injury by negligent operation of a vehicle) is a misdemeanor (up to 1 year). HRS §§ 707-705, 707-706; §§ 706-660, 706-663 |
| Idaho | Seriously injuring someone while driving under the influence is called 'aggravated driving while under the influence' in Idaho. Causing great bodily harm, permanent disability or permanent disfigurement to another person while committing DUI is a felony punishable by up to 15 years in prison and a fine up to $5,000; if the court does not send the person to prison, at least 30 days in county jail is mandatory. The person must surrender their license, loses driving privileges for at least 1 year (up to 5 years) after release, and must pay restitution. Idaho Code § 18-8006(1) |
| Illinois | Illinois has no crime named vehicular assault. Driving under the influence and causing a crash that results in great bodily harm or permanent disability or disfigurement to another person is aggravated DUI, a Class 4 felony; if prison is imposed the term is 1 to 12 years. Aggravated DUI causing a death is a Class 2 felony with 3 to 14 years for one death (unless the court finds extraordinary circumstances requiring probation). Recklessly causing great bodily harm or permanent disability or disfigurement by any means (for example reckless driving) is reckless conduct, a Class 4 felony (1 to 3 years); reckless conduct causing bodily harm or endangering someone is a Class A misdemeanor. 625 ILCS 5/11-501(d)(1)(C), (d)(1)(F), (d)(2)(A), (d)(2)(F), (d)(2)(G); 720 ILCS 5/12-5; 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana has no crime named vehicular assault. Causing serious bodily injury to another person while operating a vehicle with a 0.08 or higher alcohol concentration, with a Schedule I or II controlled substance or its metabolite in the blood, or while intoxicated is a Level 5 felony (1 to 6 years), or a Level 4 felony (2 to 12 years) with an operating-while-intoxicated conviction in the past 5 years; each injured person is a separate offense. Causing death or catastrophic injury that way is a Level 4 felony. Aggressive driving that causes serious bodily injury is criminal recklessness, a Level 6 felony (6 months to 2 1/2 years), or a Level 5 felony if it causes death or catastrophic injury. Reckless driving that causes bodily injury is a Class A misdemeanor. IC 9-30-5-4, 9-30-5-5; IC 35-42-2-2(b); IC 9-21-8-52(a); IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa calls it 'serious injury by vehicle.' Unintentionally causing a serious injury while driving drunk or drugged, driving recklessly with willful or wanton disregard for safety, eluding police, or speeding 25 mph or more over the limit is a class D felony, punishable by up to 5 years and a fine of $1,025 to $10,245. Using a handheld electronic device while driving is prima facie evidence of reckless driving for this offense. When the injury involves operating while intoxicated, the court may not defer judgment or suspend any part of the sentence. Iowa Code §§ 707.6A(1), (2), (4), (7), 902.9 |
| Kansas | Kansas charges injury caused by drunk or drugged driving as aggravated battery. Causing great bodily harm or disfigurement while driving under the influence is a severity level 5 person felony, and causing bodily harm under circumstances where great bodily harm, disfigurement or death could result is severity level 8. It is a severity level 4 person felony if the DUI driver causes great bodily harm or disfigurement while their license is suspended, revoked or restricted, or while classed as a habitual violator. Recklessly causing great bodily harm (by any means) is also severity level 5 aggravated battery. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history. K.S.A. 21-5413(b)(2)-(4), (g)(2), 21-6804 |
| Kentucky | Kentucky's assault chapter has no separate 'vehicular assault' offense; injuries caused by driving are charged under the general assault statutes, which are graded by mental state and injury. First-degree assault (wantonly causing serious physical injury through conduct showing extreme indifference to human life and creating a grave risk of death) is a Class B felony (10 to 20 years); second-degree assault (including wantonly causing serious physical injury with a dangerous instrument) is a Class C felony (5 to 10 years); and fourth-degree assault (intentionally or wantonly causing physical injury, or recklessly causing it with a dangerous instrument) is a Class A misdemeanor. Under the DUI law, causing an accident that results in death or serious physical injury is an 'aggravating circumstance' that raises the mandatory minimum jail term for the DUI itself (for example to 4 days for a first offense and 14 days for a second). KRS Chapter 508 (reviewed); KRS 508.010, 508.020, 508.030, 189A.010(5), (11)(c), 532.060 |
| Louisiana | Injuring someone while driving impaired is called vehicular negligent injuring: causing any injury while operating a motor vehicle, aircraft, watercraft or other conveyance while impaired by alcohol or drugs or with a blood alcohol concentration of 0.08 or more. It carries a fine up to $1,000, up to six months, or both, with mandatory minimum jail of 7 days at 0.15-0.19 BAC and 30 days at 0.20 or more. If the injury is serious bodily injury, the crime is first degree vehicular negligent injuring: a fine up to $5,000, up to 10 years with or without hard labor, or both, and 2 to 10 years (at least 2 without probation, parole or suspension) if BAC was 0.15 or more or the driver has a prior impaired-driving conviction. La. R.S. 14:39.1, 14:39.2 |
| Maine | Injuring someone by impaired driving is charged as aggravated criminal OUI: operating a motor vehicle while under the influence or with a 0.08 alcohol level and in fact causing serious bodily injury to another person is a Class C crime (up to 5 years) with a mandatory, non-suspendable sentence of at least 6 months in jail, a fine of at least $2,100 and a 6-year license suspension. Causing a death, or having a prior Class B or C OUI or OUI-related homicide conviction, makes it a Class B crime (up to 10 years) with the same minimums and a 10-year license suspension. Separately, causing death or serious bodily injury while committing a traffic infraction is a civil violation with a fine up to $5,000 and a license suspension of 14 days to 4 years. 29-A M.R.S. §§ 2411(1-A)(D), 2411(5)(D-1), (D-2), 2413-A; 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | Causing a life-threatening injury to another by negligently driving or operating a motor vehicle or vessel while under the influence of alcohol (or at 0.08 or more) is a misdemeanor punishable by up to 3 years and/or a $5,000 fine. Doing so while impaired by alcohol, or while so impaired by drugs that the person cannot drive safely, carries up to 2 years and/or $3,000. With a prior conviction for this offense, an impaired-driving homicide or a DUI, any of these carries up to 5 years and/or $10,000. Md. Code, Crim. Law § 3-211 |
| Massachusetts | Causing serious bodily injury by operating a motor vehicle while at 0.08 or more or under the influence of alcohol, marijuana or drugs, and driving recklessly or negligently, is a felony punishable by 2½ to 10 years in state prison or 6 months to 2½ years in jail, plus a fine up to $5,000; at least 6 months must be served without probation, parole or suspension, and the case cannot be continued without a finding. Causing serious bodily injury while impaired without proof of reckless or negligent driving carries up to 2½ years in a house of correction, a fine of at least $3,000, or both. Mass. G.L. c. 90, § 24L |
| Michigan | Operating a vehicle while intoxicated (under the influence, at 0.08 or more, or with any Schedule 1 drug in the body) and causing serious impairment of a body function to another person is a felony punishable by up to 5 years, a $1,000 to $5,000 fine, or both. If the driver's alcohol content was 0.17 or more and they have a prior conviction within 7 years, the maximum is 10 years. The court may order the vehicle forfeited and, if it is not, must order it immobilized. MCL 257.625(5) |
| Minnesota | Injuring someone by driving is called criminal vehicular operation. It applies when the injury results from driving in a grossly negligent manner, negligent driving while under the influence of alcohol, drugs or cannabis, driving at 0.08 or more, negligent driving with any Schedule I or II drug in the body, leaving the scene, or knowingly driving a vehicle with an unrepaired defect after a police warning. Causing great bodily harm carries up to 5 years and/or $10,000; substantial bodily harm, up to 3 years and/or $10,000; and bodily harm, up to 364 days and/or $3,000. Minn. Stat. § 609.2113 |
| Mississippi | Mississippi charges injuring someone through impaired driving under its DUI statute. A person who drives under the influence and negligently causes the death of another, or mutilates, disfigures, permanently disables or destroys a body part of another, commits a separate felony for each victim, punished by 5 to 25 years in Department of Corrections custody. The court must require an ignition interlock as a condition of probation or post-release supervision for up to 5 years. DUI while carrying a child under 16 that results in serious injury or death of the child is a felony with a fine of at least $10,000 and 5 to 25 years. Miss. Code Ann. § 63-11-30(5), (12)(d) |
| Missouri | Injuring someone while driving drunk is charged under the driving-while-intoxicated statute. If an intoxicated driver acts with criminal negligence to cause physical injury, it is a class D felony (up to 7 years); serious physical injury is a class C felony (3 to 10 years); and death is a class B felony (5 to 15 years). Recklessly causing serious physical injury to another person, including by driving, can also be charged as second-degree assault, a class D felony. RSMo §§ 577.010.2, 565.052, 558.011 |
| Montana | Injuring someone by driving negligently while under the influence of alcohol or drugs is called negligent vehicular assault. Causing bodily injury is punishable by up to 1 year in county jail and/or a $1,000 fine; causing serious bodily injury is punishable by up to 10 years and/or a $10,000 fine. Restitution must be ordered in either case, and the judge may suspend incarceration on condition that the fine and restitution are paid. MCA 45-5-205 |
| Nebraska | Causing serious bodily injury to another person (or an unborn child) while driving under the influence of alcohol or drugs is a Class IIIA felony (up to 3 years plus 18 months of post-release supervision, and/or a $10,000 fine). The court must also bar the person from driving and revoke the license for at least 60 days and up to 15 years. 'Serious bodily injury' means injury involving a substantial risk of death or of serious permanent disfigurement, or loss or impairment of a body part or organ. Neb. Rev. Stat. §§ 60-6,198, 28-105 |
| Nevada | Driving under the influence and causing substantial bodily harm to another person is a category B felony punished by 2 to 20 years in prison and a fine of $2,000 to $5,000; if the crash causes a death, the term is 2 to 25 years (5 to 25 with one or two prior DUI offenses). The sentence cannot be suspended and probation cannot be granted. Reckless driving (willful or wanton disregard of safety) that causes death or substantial bodily harm is a separate category B felony with 1 to 6 years (1 to 10 in certain cases) and a $2,000 to $5,000 fine. NRS 484C.430, 484B.653(9); NRS 193.130, 193.140, 193.150 |
| New Hampshire | Causing a crash that results in serious bodily injury while driving (or boating) impaired or with a blood alcohol concentration of 0.08 or more (0.02 for drivers under 21) is aggravated driving while intoxicated, a class B felony (up to 7 years). The sentence includes a fine of at least $1,000, installation of an ignition interlock, and license revocation of at least 18 months (up to 2 years). RSA 265-A:3, I(b), II(b); 265-A:18, I(c); 651:2 |
| New Jersey | Assault by auto or vessel (recklessly driving a vehicle or boat and injuring someone) is a crime of the fourth degree (up to 18 months) if serious bodily injury results and a disorderly persons offense if bodily injury results. If the driver was driving drunk or refused a breath test, it is third degree (3-5 years) for serious bodily injury and fourth degree for bodily injury. Drunk driving that seriously injures someone on or within 1,000 feet of school property or at a school crossing is second degree (5-10 years). Purposely aggressive driving at another vehicle is third degree for serious bodily injury and fourth degree for bodily injury. N.J.S. 2C:12-1(c); N.J.S. 2C:43-6 |
| New Mexico | New Mexico calls this 'great bodily harm by vehicle': injuring someone to the level of great bodily harm through the unlawful operation of a motor vehicle. Doing so while under the influence of alcohol or drugs, or while driving recklessly, is a third degree felony (basic sentence 3 years), with 4 years added to the basic sentence for each prior DWI conviction within 10 years in the impaired-driving cases. Homicide by vehicle while impaired is a second degree felony, and while driving recklessly a third degree felony. Willfully refusing to stop for a uniformed officer's signal and thereby causing death or great bodily harm is also a third degree felony. NMSA 1978, 66-8-101; 30-22-1(C); NMSA 1978, 31-18-15, 31-19-1 |
| New York | Vehicular assault in the second degree (causing serious physical injury to someone while driving, or operating a boat, snowmobile or ATV, while intoxicated or impaired by alcohol or drugs) is a class E felony (up to 4 years). It becomes vehicular assault in the first degree, a class D felony (up to 7 years), with an aggravating factor: BAC of 0.18% or more, driving while knowingly suspended or revoked for a DWI-related reason, a DWI conviction within 10 years, injuring more than one person, a prior vehicular assault or homicide conviction, or seriously injuring a passenger 15 or younger. Aggravated vehicular assault, which adds reckless driving to one of the listed factors, is a class C felony (up to 15 years). N.Y. Penal Law 120.03, 120.04, 120.04-a |
| North Carolina | Felony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. Aggravated felony serious injury by vehicle (the same offense with a prior impaired-driving conviction within seven years) is a Class E felony. Racing that causes serious injury is a separate Class H felony, and Class G if it causes serious bodily injury or death. N.C. Gen. Stat. 20-141.4(a3), (a4); 20-141.3(c2)-(c3) |
| North Dakota | Criminal vehicular injury (causing substantial or serious bodily injury to another person while driving under the influence) is a class B felony (up to 10 years) with a mandatory minimum of one year and one day in prison, or at least two years if the driver has a prior DUI or reckless driving conviction; the sentence may not be suspended unless the court finds manifest injustice. Aggravated reckless driving (injuring someone by reckless driving) is a class A misdemeanor (up to 360 days). N.D.C.C. 39-08-01.2(2)-(3), 39-08-03; 12.1-32-01 |
| Ohio | Aggravated vehicular assault (causing serious physical harm to someone as the proximate result of drunk or drugged driving, boating or similar operation) is a third-degree felony with a mandatory prison term, raised to second degree for factors such as driving under suspension, a prior vehicular assault or homicide conviction, or three or more prior OVI convictions in 10 years; a license suspension is also required. Vehicular assault (recklessly causing serious physical harm, or doing so through reckless driving in a construction zone) is a fourth-degree felony, or third degree with a suspension or prior conviction. Causing serious harm by speeding in a construction zone is a first-degree misdemeanor with at least 7 days in jail. R.C. 2903.08 |
| Oklahoma | Causing a crash that results in great bodily injury (a substantial risk of death, serious permanent disfigurement or long-term loss of a body function) to someone else while driving under the influence is a Class B1 felony punishable by 4 to 20 years in prison and a fine of up to $5,000. Being involved in a personal-injury crash while driving under the influence is a misdemeanor for a first offense (90 days to 1 year in jail and up to $2,500), and a Class B5 felony (1 to 5 years and up to $5,000) after a prior conviction under this section or the DUI statute. 47 O.S. § 11-904 |
| Oregon | Oregon charges injury crashes as assault. Recklessly causing serious physical injury with a dangerous weapon (which can include a vehicle) or under circumstances showing extreme indifference to human life is assault in the third degree, a Class C felony (up to 5 years), raised to a Class B felony (up to 10 years) when the injury resulted from driving a motor vehicle while under the influence of intoxicants. ORS 163.165; ORS 161.605 |
| Pennsylvania | Aggravated assault by vehicle (recklessly or with gross negligence causing serious bodily injury while violating a traffic law other than DUI) is a felony of the third degree (up to 7 years), with up to 2 extra years if it happened in an active work zone or while driving unlicensed or suspended, among other listed violations. Negligently causing serious bodily injury as a result of DUI ('aggravated assault by vehicle while driving under the influence') is a felony of the second degree (up to 10 years), with up to 2 extra years if the driver was also unlicensed or driving while suspended. 75 Pa.C.S. §§ 3732.1, 3735.1; 18 Pa.C.S. § 1103 |
| Rhode Island | Causing serious bodily injury to another person while driving under the influence of alcohol or drugs is a felony punishable by 1 to 10 years in prison and a $1,000 to $5,000 fine, with license revocation of up to 2 years; a second conviction within 5 years carries 2 to 15 years, a $3,000 to $10,000 fine, and revocation of up to 4 years. Causing serious bodily injury by driving in reckless disregard of others' safety (including street racing), called 'driving so as to endanger, resulting in serious bodily injury,' is punishable by up to 5 years and a license suspension of up to 3 years. R.I. Gen. Laws §§ 31-27-2.6, 31-27-1.1 |
| South Carolina | Felony driving under the influence is driving under the influence of alcohol or drugs and committing an unlawful act or neglecting a legal duty while driving that proximately causes great bodily injury or death to another person. When great bodily injury results, the penalty is a mandatory fine of $5,100 to $10,100 and 30 days to 15 years in prison; when death results, a fine of $10,100 to $25,100 and 1 to 25 years. No part of the mandatory sentence may be suspended and probation may not be granted. 'Great bodily injury' means injury creating a substantial risk of death or causing serious permanent disfigurement or long-term loss or impairment of a body part or organ. S.C. Code § 56-5-2945 |
| South Dakota | Vehicular battery is negligently driving any motor vehicle while under the influence of alcohol or drugs (as prohibited by the DUI statute) and thereby causing serious bodily injury to another person, including an unborn child. It is a Class 4 felony (up to 10 years and $20,000), and the court must also revoke the driver's license for at least three years from sentencing or from release from prison, whichever is later. SDCL 22-18-36; SDCL 22-6-1 |
| Tennessee | Recklessly causing serious bodily injury to someone while driving a car or operating a boat intoxicated (alcohol, drugs or both) is vehicular assault, a Class D felony (2 to 12 years). It carries mandatory jail before release: 48 consecutive hours for a first offense, and 45, 120 or 150 consecutive days with one, two, or three or more prior alcohol-related convictions. The court must also bar the person from driving or operating a vessel for 1 year on a first conviction, 2 years on a second, 6 years on a third, and 8 years on a fourth or later. Serious injury caused by drag racing is also punished as vehicular assault. Tenn. Code Ann. § 39-13-106; § 55-10-502(b); § 40-35-111 |
| Texas | Texas calls this intoxication assault: by accident or mistake causing serious bodily injury to another while operating a motor vehicle in a public place, an aircraft, a boat or an amusement ride while intoxicated (0.08 alcohol concentration, or loss of normal use of mental or physical faculties). It is a third-degree felony (2 to 10 years). It becomes a second-degree felony (2 to 20 years) if the victim is a firefighter or EMS worker on duty or suffers a traumatic brain injury resulting in a persistent vegetative state, and a first-degree felony if the victim is a peace officer or judge on duty. Tex. Penal Code §§ 49.01, 49.07, 49.09(b-1), (b-4); §§ 12.21-12.35 |
| Utah | Utah calls this negligently operating a vehicle resulting in injury: driving (including a motorboat or off-highway vehicle) in a negligent manner and causing bodily injury while having a .05 or higher blood or breath alcohol concentration or being too impaired to drive safely, or driving with criminal negligence and causing injury with any measurable controlled substance in the body. It is a class A misdemeanor (up to 364 days, or up to one year for Chapter 5 offenses) and a third degree felony (up to 5 years) if the injury is serious bodily injury or the driver has two prior DUI-related convictions within 10 years or any prior felony DUI conviction. Each injured victim is a separate offense. Utah Code § 76-5-102.1; § 41-6a-501(1); §§ 76-3-203, 76-3-204 |
| Vermont | If driving under the influence causes serious bodily injury to someone other than the driver, the penalty is up to 15 years in prison and a $5,000 fine, with a separate count for each person injured, and a mandatory minimum prison term for drivers with two or more prior DUI convictions. Grossly negligent operation of a motor vehicle that causes serious bodily injury or death to another also carries up to 15 years and $15,000; ordinary negligent operation causing serious injury or death carries up to two years and $3,000. 23 V.S.A. §§ 1210(g), 1091(a)(3), (b)(3) |
| Virginia | Driving while intoxicated in a way so gross, wanton and culpable as to show reckless disregard for human life and unintentionally causing someone serious bodily injury (called maiming resulting from driving while intoxicated) is a Class 6 felony (1 to 5 years). If the injury causes permanent and significant physical impairment, it is a Class 4 felony (2 to 10 years and up to $100,000). The driver's license is revoked on conviction. Va. Code § 18.2-51.4; § 18.2-10 |
| Washington | Vehicular assault is driving any vehicle and causing substantial bodily harm to another person while driving recklessly, while under the influence of alcohol or drugs, or with disregard for the safety of others. It is a class B felony (up to 10 years and a $20,000 fine). RCW 46.61.522; RCW 9A.20.021 |
| West Virginia | West Virginia covers injuring someone while driving impaired in its DUI law. Driving in an impaired state (including a blood alcohol level of 0.08% or more) and causing serious bodily injury to another person is a felony: 2 to 10 years and a $1,000 to $3,000 fine, plus a 5-year license revocation (life for a repeat offender) or a period conditioned on the test-and-lock program. Causing bodily injury is a misdemeanor: 1 day to 1 year in jail (at least 24 hours actually served), a $200 to $1,000 fine, and a 2-year license revocation (or test-and-lock). W. Va. Code § 17C-5-2(c), (d) |
| Wisconsin | Injury by intoxicated use of a vehicle (causing great bodily harm to another person, or an unborn child, while driving under the influence, with a prohibited alcohol concentration, or with a detectable amount of a restricted controlled substance) is a Class F felony: up to 12 years and 6 months, a fine up to $25,000, or both, plus ignition interlock requirements. Causing a lesser injury while driving intoxicated is a crime with a $300 to $2,000 fine and 30 days to 1 year in jail (a Class H felony with a prior OWI-related conviction; doubled penalties if a child under 16 was in the vehicle). Causing great bodily harm by negligent (reckless) driving is a Class H felony (up to 6 years), and causing bodily harm by negligent driving carries a $600 to $4,000 fine and up to 2 years in county jail. Wis. Stat. §§ 940.25, 346.63(2), 346.65(3m), (3p), 346.62(3), (4), 346.65(3), (5), 939.50(3) |
| Wyoming | Causing serious bodily injury to another person while driving under the influence of alcohol or controlled substances (including a 0.08% alcohol concentration) is punishable by a fine of $2,000 to $5,000, up to 10 years in prison, or both, and up to 20 years for a person previously convicted under this provision; the driver's license is revoked. A death caused by an impaired or reckless driver is aggravated homicide by vehicle (up to 20 years). W.S. 31-5-233(h); W.S. 6-2-106(b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.