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 Louisiana, the relevant offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident that results in the death of another person is vehicular homicide, not intoxication manslaughter, which is a term used in some other states. Under Louisiana law, specifically Louisiana Revised Statutes Title 14:32.1, vehicular homicide is defined as the killing of a human being caused proximately or directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance when the operator is under the influence of alcoholic beverages or certain prohibited substances. Vehicular homicide is a felony in Louisiana and carries severe penalties, including fines and imprisonment. The exact punishment can vary depending on factors such as the driver's blood alcohol concentration (BAC) at the time of the incident and prior convictions.