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 North Carolina, the relevant criminal offense for situations where an intoxicated person negligently causes the death of another person while operating a motor vehicle is known as 'death by vehicle.' Specifically, if the operator is under the influence of an impairing substance, the offense is categorized as 'felony death by vehicle,' which is a Class D felony under North Carolina General Statutes § 20-141.4. This statute does not extend to the operation of aircraft, watercraft, or amusement rides, but is specific to motor vehicle operation on highways, streets, or public vehicular areas. The charge of felony death by vehicle requires proof that the driver was impaired by alcohol or drugs and that this impairment was the proximate cause of the death. Conviction of this felony can result in significant prison time, fines, and a suspension of driving privileges. North Carolina does not use the term 'intoxication manslaughter,' but the concept is similar under the 'death by vehicle' statutes.