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 Arkansas, the relevant criminal offense for situations where an intoxicated person negligently causes the death of another while operating a motor vehicle is referred to as 'negligent homicide.' Under Arkansas Code Annotated § 5-10-105, if an individual operates a vehicle while under the influence of alcohol or drugs and this conduct results in the death of another person, they can be charged with negligent homicide. This offense is a Class B felony if the person was intoxicated at the time of the accident, which can result in significant prison time and fines. Arkansas does not use the specific term 'intoxication manslaughter,' but the concept is similar to negligent homicide as defined in the state's statutes. The state may also impose additional penalties for driving under the influence (DUI) under separate statutes. It's important to note that laws can vary significantly from state to state, and some states may have different terms or classifications for similar offenses.