A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person.
Vehicular assault in the second degree is a class A misdemeanor.