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 Kentucky, the relevant offense for situations where an individual operates a motor vehicle while intoxicated and causes an accident resulting in the death of another person is known as 'Manslaughter in the Second Degree' under KRS 507.040. This statute includes cases where the death is a result of operating a motor vehicle under the influence of alcohol or drugs. Manslaughter in the Second Degree is a Class C felony in Kentucky, which can result in a prison sentence of 5 to 10 years. Kentucky does not use the term 'intoxication manslaughter,' which is used in some other states. Instead, the state's penal code addresses these incidents through its manslaughter and vehicular homicide statutes. It's important to note that the specific charges and penalties can vary depending on the circumstances of the case, and an attorney can provide more detailed information based on the facts of a particular incident.