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 Hawaii, 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 referred to as 'Negligent Homicide'. Specifically, under Hawaii Revised Statutes Section 707-702.5, Negligent Homicide in the first degree is defined as causing the death of another person by operating a vehicle under the influence of an intoxicant with negligence. This offense is a class B felony, which can result in significant penalties, including imprisonment. Hawaii does not use the term 'intoxication manslaughter', but the concept is similar to what some other states may classify under that term or under 'vehicular manslaughter' or 'vehicular homicide'. The state's approach to these offenses is outlined in the penal code, and the penalties reflect the serious nature of the crime, emphasizing the state's commitment to road safety and the severe consequences of driving under the influence.