Minnesota Criminal Vehicular Operation and Criminal Vehicular Homicide Attorneys

Criminal Vehicular Operation (CVO) and Criminal Vehicular Homicide (CVH) are serious charges under Minnesota law, covering conduct that results in bodily harm or death due to negligent or unlawful operation of a motor vehicle. These offenses are charged under Minnesota Statutes §§ 609.2112, 609.2113, and 609.2114 and can carry severe penalties, including prison time, license revocation, and a lasting criminal record.

Ways a Person Can Be Guilty of Criminal Vehicular Crimes in Minnesota

Under Minnesota law, a person may be charged with a criminal vehicular crime if they cause injury or death while operating a motor vehicle in any of the following ways:

• Driving while under the influence of alcohol or drugs (including prescription medications or controlled substances)

• Driving with a blood alcohol concentration (BAC) of .08 or more

• Driving in a grossly negligent manner

• Driving in a negligent manner while under the influence

• Causing an accident and fleeing the scene (hit-and-run)

• Operating a vehicle with a known mechanical defect that poses a danger and failing to correct it

• Fleeing from law enforcement in a motor vehicle

Levels of Criminal Vehicular Crimes Based on the Outcome

The severity of the charge depends on the level of harm caused:

• Criminal Vehicular Homicide
  – When the conduct causes the death of another person
  – Felony: Up to 10 years in prison and/or a $20,000 fine

• Criminal Vehicular Operation – Death to an Unborn Child
  – When the conduct causes death to an unborn child
  – Felony: Up to 10 years in prison and/or a $20,000 fine

• Criminal Vehicular Operation – Great Bodily Harm
  – When the conduct causes great bodily harm, which means injury with a high probability of death, permanent disfigurement, or long-term loss of function; or causes injury to an unborn child
  – Felony: Up to 5 years in prison and/or a $10,000 fine

• Criminal Vehicular Operation – Substantial Bodily Harm
  – When the conduct causes substantial bodily harm, which is temporary disfigurement or loss of function
  – Felony: Up to 3 years in prison and/or a $10,000 fine

• Criminal Vehicular Operation – Bodily Harm
  – When the conduct causes bodily harm, defined as physical pain or injury
  – Gross Misdemeanor: Up to 1 year in jail and/or a $3,000 fine

Common Issues and Defenses

CVO and CVH cases often involve complex fact patterns, including accident reconstruction, toxicology results, and eyewitness credibility. Defenses may include disputing causation, challenging the accuracy or admissibility of chemical testing, or showing that the client’s conduct did not meet the legal threshold of negligence or impairment. Early involvement by defense counsel is critical to preserving evidence and identifying constitutional or procedural violations that may impact the case.