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 New Jersey, the equivalent offense to intoxication manslaughter is often referred to as 'vehicular homicide' or 'death by auto.' Under New Jersey law, specifically N.J.S.A. 2C:11-5, a person can be charged with vehicular homicide if they operate a vehicle recklessly and cause the death of another person. Recklessness can be presumed if the operator was driving under the influence of alcohol or drugs. Vehicular homicide in New Jersey is typically a second-degree crime, but it can be elevated to a first-degree crime if it occurs in a school zone or crosses certain other thresholds. Conviction for a second-degree vehicular homicide can result in 5 to 10 years in prison and a fine of up to $150,000, while a first-degree offense can lead to 10 to 20 years in prison. It's important to note that New Jersey law does not limit the application of this offense to motor vehicles alone; it can also apply to the operation of boats and other types of vehicles.