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 Montana, the relevant criminal offense for situations where an individual operates a motor vehicle while intoxicated and causes the death of another person is vehicular homicide while under the influence, as outlined in Montana Code Annotated (MCA) 45-5-106. This statute specifies that a person commits the offense if they operate a vehicle while under the influence of alcohol, drugs, or any combination thereof, and negligently cause the death of another individual. Vehicular homicide while under the influence is a felony in Montana and carries severe penalties, including potential imprisonment, fines, and the loss of driving privileges. The state 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 vehicular homicide statutes. It's important to note that the specific charges and penalties can vary based on the circumstances of the case and the individual's criminal history.