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 Florida, the equivalent offense to intoxication manslaughter is known as DUI Manslaughter, which is covered under Florida Statutes Section 316.193(3)(c)3. This law states that if a person is driving under the influence of alcohol or controlled substances and causes the death of another person, including an unborn child, they can be charged with DUI Manslaughter. This is a second-degree felony, which can be elevated to a first-degree felony if the driver knew, or should have known, an accident occurred and failed to give information or render aid as required by law. The penalties for DUI Manslaughter in Florida include significant prison time, fines, and a mandatory permanent driver's license revocation. It's important to note that Florida does not use the term 'intoxication manslaughter,' but the concept is similar to what some other states may define under that term or under vehicular manslaughter or homicide statutes.