In Canada, they are charged with "
impaired driving causing death,"
which carries a maximum sentence of life imprisonment and a minimum sentence of a fine of $1000 dollars. Before people ask, yes, people in Canada have been charged with this and had to pay the fine, although it is the rarest of cases.
About 2/3s of them will do at least some prison time (
WARNING: PDF FILE). However, from these links it appears an actual life sentence is rare. Even in cases of multiple injuries and deaths, it is hard to find a sentencing which approaches the double digits. It's been a while since it was last updated, if I remember correctly -- after Chretien killed an updated bill with prorogation as bill C-87, it came back as C-18 before the turn of the millennium and was
passed.
Personally, I am for rougher charges when it comes to drunk driving, but I am not too sure on the case described here -- it's not exactly something we hear about often. However, if the person in question knowingly does it to cause harm or knowing it
can cause harm, it should be considered as a fairly heinous act to someone in the process of flying a fairly difficult to control vehicle (as could be described for "murder" in the criminal code of Canada as intent). If he inadvertently does it, then there should still be legal repercussions in my mind -- there are legal repercussions for being careless and causing death, and such, and there are legal repercussions for being drunk and breaking the law, if we are still continuing that equivalency which I don't think entirely works. When someone is drunk, they are taking a risk because they are under the influence. In this case, their behaviour is not being dictated by
complicating (note that I do not say mitigating) factors.
I guess you could say it depends how it falls into the criminal code. Anyways,
"attempted murder" in the Criminal Code of Canada is defined by the following:
Attempt to commit murder
239. Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.While murder is defined in the criminal code as:
Murder
229. Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;
(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or
(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
Murder is NOT an accident.
CKA Super Elite 
