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 Tennessee, the relevant offense for a person who operates a motor vehicle while intoxicated and causes the death of another person is vehicular homicide. This is covered under Tennessee Code Annotated (T.C.A.) § 39-13-213. The law states that if a person kills another by the operation of an automobile, airplane, motorboat, or other motor vehicle as the proximate result of conduct creating a substantial risk of death or serious bodily injury and the operator was under the influence of an intoxicant, they can be charged with vehicular homicide. This offense is a Class B felony if the driver had a blood alcohol content (BAC) of .08% or more, and it is a Class A felony if the driver has two or more prior convictions for DUI, vehicular assault, or an equivalent offense. The penalties for a Class B felony include imprisonment for not less than eight (8) nor more than thirty (30) years, and for a Class A felony, imprisonment for not less than fifteen (15) nor more than sixty (60) years. Additionally, fines and the revocation of driving privileges may apply. It's important to note that Tennessee does not use the term 'intoxication manslaughter,' but the concept is similar to vehicular homicide as defined in the state's statutes.