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 York, if a person operates a motor vehicle while intoxicated and causes an accident that results in the death of another person, they may be charged with vehicular manslaughter. New York does not use the term 'intoxication manslaughter,' but the concept is similar under the state's vehicular manslaughter statutes. Vehicular manslaughter can be charged as either a first or second-degree crime, depending on the circumstances, with first-degree being the more serious charge. These charges are classified as felonies and can result in substantial prison time, fines, and the loss of driving privileges. The specific laws governing these offenses are found in the New York Penal Law, particularly under sections 125.12 (Vehicular Manslaughter in the Second Degree) and 125.13 (Vehicular Manslaughter in the First Degree). The degree of the charge typically depends on factors such as the level of intoxication, prior convictions, and whether the driver was aware of the risks of driving while intoxicated.