If a person operates a motor vehicle while intoxicated and negligently causes an accident that results in the death of another person, the operator may be charged with the criminal offense of intoxication manslaughter.
Some states have a broader definition of the criminal offense of intoxication manslaughter and may charge an intoxicated person who negligently causes the death of another person while operating a motor vehicle, an aircraft, a watercraft, or an amusement ride with the crime of intoxication manslaughter. Intoxication manslaughter is a felony offense and may be punished by significant jail or prison time.
Laws vary from state to state, and some states have criminal offenses such as vehicular manslaughter or vehicular homicide, as provided by the state’s statutes, and may charge an intoxicated person who negligently causes the death of another motorist with such a crime.
Intoxication manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Alaska, if a person operates a motor vehicle while under the influence of alcohol or drugs and negligently causes the death of another person, they may be charged with the criminal offense of manslaughter or negligent homicide under Alaska Statutes Section 11.41.120 and Section 11.41.130. Alaska does not specifically use the term 'intoxication manslaughter,' but the aforementioned statutes cover similar conduct. Manslaughter in Alaska includes recklessly causing the death of another person, which can apply to situations involving intoxicated driving. Negligent homicide involves causing the death of another person with criminal negligence, which is a lesser offense than manslaughter. Both offenses are considered felonies and carry severe penalties, including imprisonment. The specific charges and penalties would depend on the circumstances of the case and the degree of negligence involved.