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 Maine, the relevant offense for situations where a person operates a motor vehicle while intoxicated and causes the death of another person is known as 'Manslaughter' or, more specifically, 'Operating Under the Influence (OUI) with death resulting.' Maine does not use the term 'intoxication manslaughter,' but the concept is similar. Under Maine law, if an individual is operating a motor vehicle under the influence of intoxicants and this operation causes the death of another person, the driver can be charged with manslaughter, which is a Class A or Class B felony depending on the circumstances. This is covered under Title 17-A, Chapter 9 of the Maine Criminal Code. The penalties for such an offense can be severe, including significant prison time. Additionally, Maine law also recognizes the offense of 'Aggravated Operating Under the Influence (OUI)' which may apply if the individual's actions result in serious bodily injury or death to another person. This is a Class C felony if death or serious bodily injury occurs, as outlined in Title 29-A, Section 2411 of the Maine Revised Statutes.