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 Washington State, the relevant criminal offense for situations where an intoxicated person negligently causes the death of another person while operating a motor vehicle is known as Vehicular Homicide. According to RCW 46.61.520, if a person operates a motor vehicle while under the influence of intoxicating liquor or any drug and causes the death of another person, they can be charged with Vehicular Homicide. This is a Class A felony, which is the most serious type of felony in Washington, and it can result in significant prison time, fines, and other penalties. The law does not limit the charge to motor vehicles alone; it can also apply to incidents involving aircraft, watercraft, or any other vehicle as defined by the statute. The specific penalties and sentencing guidelines are detailed in the state's criminal code and are subject to the discretion of the court, taking into account various factors including the severity of the offense and the defendant's criminal history.