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 Nebraska, the relevant offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident resulting in the death of another person is known as 'motor vehicle homicide.' Under Nebraska Revised Statute 28-306, if an individual causes the death of another unintentionally while engaged in the unlawful operation of a motor vehicle (including operating under the influence of alcoholic liquor or drugs), they can be charged with motor vehicle homicide. This offense is a Class IIA felony if the driver's blood alcohol content is .15 or above, and a Class III felony for lower blood alcohol levels. Penalties for a Class IIA felony can include up to 20 years imprisonment, while a Class III felony can result in up to 4 years imprisonment and 2 years post-release supervision, among other penalties. Nebraska does not use the term 'intoxication manslaughter,' but the concept is similar to motor vehicle homicide as defined in the state's statutes.