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 Colorado, the relevant criminal offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident that results in the death of another person is known as 'Vehicular Homicide.' This is covered under Colorado Revised Statutes 18-3-106. If the driver was under the influence of alcohol or drugs and their actions resulted in a fatality, they can be charged with this felony offense. The law does not extend to the operation of aircraft, watercraft, or amusement rides in the definition of vehicular homicide. Penalties for vehicular homicide in Colorado can be severe, including significant prison time, fines, and the revocation of driving privileges. It's important to note that the specific charges and penalties can vary depending on the circumstances of the case and the level of negligence or recklessness involved.