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 Dakota, if a person operates a motor vehicle while under the influence of alcohol or drugs and causes an accident that results in the death of another person, they may be charged with vehicular homicide. South Dakota Codified Laws (SDCL) 22-16-41 stipulates that vehicular homicide occurs when a person operates a vehicle in a negligent manner while under the influence and causes the death of another person, including any unborn child. This offense is a Class 3 felony, which can result in significant penalties, including imprisonment and fines. South Dakota does not use the term 'intoxication manslaughter,' but the concept is similar under the vehicular homicide statute. The state does not have a statute that extends the definition of this offense to the operation of aircraft, watercraft, or amusement rides. It's important to note that laws can vary significantly from state to state, and the specific charges and penalties would be determined based on the exact circumstances of the incident and the applicable state law.