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 Oregon, if a person operates a motor vehicle while under the influence of intoxicants and negligently causes the death of another person, they may be charged with the crime of Manslaughter in the Second Degree under ORS 163.125, which includes causing death as a result of operating a vehicle while intoxicated. Oregon does not specifically use the term 'intoxication manslaughter,' but the aforementioned charge is similar in nature. Manslaughter in the Second Degree is a Class B felony in Oregon, which can result in substantial prison time, fines, and other penalties. Additionally, Oregon law under ORS 813.010 prohibits driving under the influence of intoxicants (DUII), and causing the death of another person while DUII can lead to enhanced penalties and charges. It's important to note that the specific charges and penalties can vary depending on the circumstances of the case and the individual's criminal history.