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 Wisconsin, the criminal offense that corresponds to the concept of 'intoxication manslaughter' as described is known as 'Homicide by Intoxicated Use of a Vehicle or Firearm' under Wisconsin Statutes Section 940.09. If a person operates a motor vehicle while under the influence of an intoxicant and causes the death of another person, they can be charged with this felony offense. The law applies not only to motor vehicles but also to the operation of boats, snowmobiles, and all-terrain vehicles when the operator is intoxicated. Penalties for this offense are severe and can include substantial fines and imprisonment. The specific charges and penalties can vary depending on the circumstances, such as the level of intoxication and whether the operator has prior convictions for similar offenses.