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 Georgia, 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. Georgia law does not specifically use the term 'intoxication manslaughter,' but the concept is covered under the state's vehicular homicide statutes. Vehicular homicide in Georgia is classified into two degrees. First-degree vehicular homicide is a felony and occurs when a death is caused by a driver who is under the influence of alcohol or drugs, among other serious traffic offenses. The penalty for a first-degree vehicular homicide conviction can include significant prison time, fines, and the suspension of driving privileges. Second-degree vehicular homicide is considered a misdemeanor and applies to deaths caused by other traffic offenses that are less serious. The specific penalties and charges can vary based on the circumstances of the case and the driver's criminal history. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in Georgia's criminal laws related to vehicular homicide.