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 Kansas, the relevant offense for situations where a person operates a motor vehicle while intoxicated and causes the death of another person is known as 'involuntary manslaughter while driving under the influence,' which is outlined in Kansas Statutes Annotated (K.S.A.) 21-5405. This statute classifies the offense as a severity level 4, person felony. The law does not extend to the operation of aircraft, watercraft, or amusement rides in the context of intoxication manslaughter. Instead, it specifically addresses the operation of a motor vehicle. If convicted, the individual faces significant penalties, including prison time, fines, and a likely suspension or revocation of their driving privileges. The exact punishment can vary based on the circumstances of the case and the individual's criminal history. It is important to note that Kansas law may differ from other states, some of which might have broader definitions of intoxication manslaughter or different terms such as vehicular manslaughter or vehicular homicide.