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 Indiana, if a person operates a motor vehicle while intoxicated and negligently causes an accident that results in the death of another person, they may be charged with Operating While Intoxicated Causing Death under Indiana Code 9-30-5-5. This offense is a Level 4 felony, which can result in a sentence of 2 to 12 years in prison and a fine of up to $10,000. Indiana law defines intoxication not just by alcohol consumption but also by the presence of drugs or any other substance that impairs the driver's reactions and decision-making abilities. The state does not use the term 'intoxication manslaughter' specifically, but the aforementioned statute serves a similar purpose by penalizing those who cause fatalities while operating a vehicle under the influence. Additionally, if the operator has a prior conviction for operating while intoxicated, the offense may be elevated to a Level 3 felony, which carries even harsher penalties.