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 Delaware, the relevant offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident resulting in the death of another person is vehicular homicide. Delaware law does not specifically use the term 'intoxication manslaughter,' but the concept is covered under vehicular homicide statutes. According to Title 21, Section 630 of the Delaware Code, if an individual, while driving under the influence as defined by Section 4177 of Title 21, causes the death of another person, they may be charged with vehicular homicide. This is a felony offense, and the severity of the charge can range from first to second degree, with first-degree vehicular homicide involving higher levels of intoxication or previous convictions for DUI. Penalties for vehicular homicide in Delaware can include significant fines and prison time, with the possibility of enhanced sentences depending on the circumstances of the offense and the individual's driving history.