The term DUI assault may sound strange but in most states, it is a common term to describe a traffic accident where someone was injured or killed as the result of a drunk driver. The person killed could be a passenger in the driver’s car or a driver or passenger in another vehicle. DUI assault is not a charge in all states, as many states add provisions for DUI assault in their vehicular homicide statutes. To be charged with DUI assault a driver must have been: Driving with a blood alcohol level over the legal limit—usually .08 or higher; Have been at fault in the wreck that killed someone. If the offender was driving drunk but did not cause the accident, he or she cannot be charged with DUI assault. DUI assault is a felony and the sentences are severe. In Texas, a person convicted could serve up to 10 years in prison, lose their driving privileges and pay high fines.