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 Michigan, the criminal offense related to causing a death while operating a vehicle under the influence is known as 'Operating While Intoxicated Causing Death.' Under Michigan law, specifically MCL 257.625(4), if a person operates a motor vehicle while intoxicated and, as a result, causes the death of another person, they can be charged with this felony offense. The term 'intoxicated' can refer to being under the influence of alcohol, a controlled substance, or a combination of both. The penalties for this offense are severe and include fines, the potential for significant prison time, and the suspension or revocation of the driver's license. Michigan does not use the term 'intoxication manslaughter,' but the concept is similar to what some states may classify under that term or under 'vehicular manslaughter' or 'vehicular homicide.' Each state has its own specific statutes and definitions for these crimes, and the penalties can vary widely.