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 Pennsylvania, 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 'homicide by vehicle while driving under the influence.' This offense is codified in Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, Section 3735. It is a felony of the second degree. If convicted, the operator faces a mandatory minimum sentence of three years in prison for each victim whose death is the result of the violation. Pennsylvania law does not use the term 'intoxication manslaughter,' which is used in some other states. Instead, the state has specific statutes for vehicular homicide while under the influence of alcohol or controlled substances, reflecting the seriousness of the crime and its associated penalties.