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 New Mexico, the relevant criminal offense for a situation where a person operates a motor vehicle while intoxicated and causes an accident that results in the death of another person is known as 'homicide by vehicle' (DWI Homicide). Under New Mexico Statutes, Section 66-8-101, this is a felony offense. When the death is caused by a person operating a motor vehicle while under the influence of intoxicating liquor or drugs, it is specifically addressed under this statute. The law in New Mexico does not use the term 'intoxication manslaughter,' which is used in some other states, but the concept is similar. The offense of homicide by vehicle can result in significant penalties, including imprisonment, fines, and the revocation of driving privileges. The exact punishment can vary depending on the circumstances of the case and the offender's criminal history.