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 South Carolina, the relevant criminal offense for situations where an intoxicated person causes the death of another individual while operating a motor vehicle is known as 'Felony DUI with Death'. Under South Carolina Code Section 56-5-2945, a person who operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both, and causes an accident that results in the death of another person, can be charged with this felony offense. The law does not extend to the operation of aircraft, watercraft, or amusement rides in the context of intoxication manslaughter. Penalties for Felony DUI with Death in South Carolina are severe and may include a mandatory minimum prison sentence and substantial fines. It is important to note that this is distinct from other vehicular-related offenses such as vehicular manslaughter or homicide, which may apply under different circumstances and are governed by separate statutes.