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 Massachusetts, the relevant criminal offense for situations where an individual operates a motor vehicle while intoxicated and causes the death of another person is known as 'Motor Vehicle Homicide.' Under Massachusetts General Laws Chapter 90, Section 24G, a person who operates a motor vehicle under the influence of alcohol or drugs and does so negligently or recklessly, resulting in the death of another person, can be charged with this crime. Motor Vehicle Homicide can be prosecuted as either a felony or a misdemeanor, depending on the circumstances. A felony conviction can result in a state prison sentence of up to 15 years, while a misdemeanor conviction can lead to a sentence of up to 2.5 years in a house of correction. Additionally, the law mandates a minimum 1-year license suspension for a misdemeanor conviction and a minimum 15-year license suspension for a felony conviction. It's important to note that Massachusetts law does not use the term 'intoxication manslaughter,' which may be found in other states' statutes. Instead, the state uses its own legal terminology and provisions for such offenses.