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 California, if a person operates a motor vehicle while under the influence of alcohol or drugs and negligently causes an accident that results in the death of another person, they may be charged with vehicular manslaughter while intoxicated under California Penal Code Section 191.5. This offense can be charged as either a misdemeanor or a felony, depending on the circumstances and the severity of the negligence. The term 'intoxication manslaughter' is not specifically used in California statutes, but the concept is similar. Felony vehicular manslaughter while intoxicated can result in substantial prison time, fines, and other serious consequences. Additionally, California law also recognizes gross vehicular manslaughter while intoxicated, which involves gross negligence, and is always charged as a felony with even harsher penalties. It's important to note that California does not limit the charge to motor vehicles alone; the law also applies to the operation of boats and, in certain cases, bicycles under the influence.