Manslaughter by intoxication is a type of manslaughter where a person causes the death of another while driving under the influence of alcohol or drugs. It can be charged as manslaughter or homicide in conjunction with a criminal act, and the intoxicant does not have to be illegal. The charge requires less mens rea than other crimes, and it is highly publicized in the US. Other countries have different laws regarding similar crimes.
The term manslaughter is used to describe the killing of a human being in a way that is considered less guilty than murder under the laws of a given jurisdiction. Manslaughter by intoxication is a type of manslaughter in which the death of a person is caused by an automobile accident in which a driver was under the influence of a mind-altering substance such as alcohol. In order to determine whether an offense falls under the category of manslaughter by intoxication in most jurisdictions, a legally intoxicated person must drive a motor vehicle in a public place, then cause the death of another person by accident or by mistake. The terms “vehicular manslaughter” and “vehicular manslaughter” may also be used to describe manslaughter by intoxication in many jurisdictions under certain circumstances.
Manslaughter by intoxication can be charged as manslaughter when the incident occurs in conjunction with a criminal act. A manslaughter charge can be prosecuted when someone kills an individual while driving under the influence and commits a separate illegal act, such as negligence or driving without a license. In some jurisdictions, a person who kills someone under these same circumstances can be charged with homicide by intoxicated use of a motor vehicle. Other jurisdictions make manslaughter by intoxication a more specifically defined crime in and of itself. For example, in the state of Texas in the United States, manslaughter by intoxication may be charged if the perpetrator drives a motor vehicle, airplane, jet ski, or amusement park ride or assembles a ride in an amusement park while intoxicated and thus causes the death of another through a mistake or an accident.
These types of manslaughter charges require less mens rea than other crimes, meaning the mood at the time of the incident need not be one of malice. There must be no intent, as with other forms of murder or manslaughter. The intoxicant in question does not have to be illegal, nor does it have to be illegally consumed for the charge to apply. This means that a person of legal drinking age can be charged in the same way as a minor who has consumed an illegal substance and become intoxicated.
Manslaughter by intoxication is highly publicized, and drinking and driving laws are strictly enforced in many parts of the U.S. Manslaughter by intoxication in this format does not exist in many other nations. For example, a different set of elements must be satisfied to charge criminals with gross negligence in England or manslaughter in Scotland. The focus in some countries is on identifying drivers with disabilities and removing them from the roads until they have recovered.
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