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 Ohio, the relevant criminal offense for situations where an individual operates a motor vehicle while intoxicated and causes the death of another person is known as 'vehicular homicide.' Ohio does not use the term 'intoxication manslaughter,' which is more commonly used in other states like Texas. Under Ohio law, if the operation of the vehicle is a proximate result of the death, and the driver is under the influence of alcohol, drugs, or a combination of them, the offense can be charged as 'Aggravated Vehicular Homicide,' which is a felony. The severity of the charge and the potential penalties depend on the specific circumstances, including the level of intoxication and prior offenses. Aggravated vehicular homicide can result in significant prison time, fines, and the suspension or revocation of the driver's license. It's important to note that Ohio law also considers vehicular homicide and vehicular manslaughter, which may apply in cases of negligent operation without intoxication. These laws are found in the Ohio Revised Code, primarily in the sections dealing with crimes and offenses involving the operation of vehicles.
