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 Virginia, the relevant offense for situations where an intoxicated person operates a motor vehicle and causes an accident resulting in the death of another person is known as 'involuntary manslaughter/DUI manslaughter.' Under Virginia law, specifically Section 18.2-36.1 of the Virginia Code, if an individual unintentionally causes the death of another person as a result of driving under the influence of alcohol or drugs, they can be charged with involuntary manslaughter, which is a Class 5 felony. This charge carries severe penalties, including a potential prison sentence of up to 10 years, a fine of up to $2,500, or both. Virginia does not use the term 'intoxication manslaughter,' but the concept is similar to what some states may classify under such a term or under vehicular manslaughter or vehicular homicide statutes. It's important to note that the specific charges and penalties can vary depending on the circumstances of the case and the individual's prior record.