Drunk driving that causes the death of a passenger, another driver, or anyone else will nearly always be charged as a felony.
Vehicular homicide is charged when the death resulted from ordinary negligence.
Manslaughter with gross negligence is a felony that is charged when death was the result of criminal negligence.
Criminal negligence in the context of drunk driving is generally defined as the knowledge that an individual's actions were likely to result in death.
Second- degree murder:
Second-degree murder is charged when the death occurs and the person who was drinking and driving acted with implied malice, or a conscious disregard for life. Second-degree murder is an unusual charge in a DUI case, because it is difficult to establish implied malice.