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 Rhode Island, the relevant offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident that results in the death of another person is known as 'Driving Under the Influence, Death Resulting' (DUI Death Resulting). This is covered under Rhode Island General Laws Section 31-27-2.2. The law states that any person who operates a vehicle while under the influence of alcohol, drugs, or a combination of both, and as a result, causes the death of another person, shall be guilty of a felony. The penalties for this offense are severe and include imprisonment, fines, and the revocation of the driver's license. Unlike some states that may have a broader definition of intoxication manslaughter, Rhode Island's statutes specifically address motor vehicle operation. The term 'intoxication manslaughter' is not used in Rhode Island law, but DUI Death Resulting serves a similar purpose in holding intoxicated drivers accountable for fatalities they cause.