Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.

Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In New York State, vehicular manslaughter is codified under the New York Penal Law. There are two degrees of vehicular manslaughter: first and second degree. Vehicular manslaughter in the second degree (Penal Law § 125.12) occurs when a person operates a motor vehicle under the influence of alcohol or drugs and causes the death of another person. It is a class D felony. Vehicular manslaughter in the first degree (Penal Law § 125.13) is more severe and can be charged when certain aggravating factors are present, such as a blood alcohol content of 0.18% or higher, a previous conviction for driving while intoxicated, or causing the death of more than one person. This is a class C felony. Both degrees of vehicular manslaughter carry the potential for significant prison time, fines, and other penalties such as driver's license revocation. The specific circumstances of the incident, including the level of negligence or recklessness, will determine the exact charges and potential punishment.