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 Iowa, the criminal offense that corresponds to the concept of intoxication manslaughter is known as 'Homicide by Vehicle - Operating Under the Influence' (OWI). Under Iowa Code section 707.6A, if a person operates a motor vehicle while under the influence of alcohol or drugs and unintentionally causes the death of another person, they can be charged with this felony offense. The law applies to the operation of motor vehicles, and does not explicitly mention aircraft, watercraft, or amusement rides. The penalties for this offense are severe and include a mandatory prison sentence. It's important to note that Iowa law also recognizes other forms of vehicular homicide, such as 'Homicide by Vehicle - Reckless Driving,' which can apply under different circumstances of negligent driving that result in a fatality.