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 West Virginia, 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 'DUI causing death,' which is outlined in West Virginia Code §17C-5-2. This statute specifies that if a person operates a vehicle under the influence of alcohol, controlled substances, or drugs, and by such operation causes the death of another, they may be charged with a felony. The penalties for this offense can be severe, including imprisonment and fines. West Virginia does not use the term 'intoxication manslaughter,' which is more commonly used in other states like Texas. Instead, the state may charge the individual with DUI causing death or vehicular homicide, depending on the circumstances of the case. It's important to note that laws can vary significantly from state to state, and the specific charges and penalties would be determined based on the details of the incident and the applicable West Virginia statutes.