Driving while intoxicated isn’t the only crime it’s possible to commit on Minnesota roads. If you’re arrested for driving in a way that endangers other road users, you may be charged with criminal vehicular operation.

In this post, we look at the actions that can lead to a criminal vehicular operation charge in Minnesota, and the legal strategies your lawyer might be able to use to fight a charge like this. 

What Is Criminal Vehicular Operation in Minnesota?

Criminal vehicular operation (CVO) in Minnesota is a crime that involves driving in a negligent way that causes harm to others. The crime is outlined in Section 609.2113 of the Minnesota Statutes, which lists a number of actions and circumstances that can lead to a CVO charge. These include:

• Grossly negligent driving. 
• A blood alcohol concentration (BAC) above the legal limit of 0.08% within two hours of driving.
• Driving after knowingly consuming an intoxicating substance, including cannabis and its derivatives.  
• Leaving the scene of an accident before it’s legally permissible to do so. 
• Knowingly driving a defective vehicle.

How Is Criminal Vehicular Operation Different From Driving While Intoxicated (DWI)? 

As you can see, drunk driving can lead to a criminal vehicular operation charge. But how is this different from a charge of driving while intoxicated? Can you be charged with both offenses because of the same incident of drunk driving?

You can indeed be charged with both DWI and CVO if the incident in question results in harm to another person. While DWI focuses solely on the fact that you were impaired while on the road, CVO is defined by any injury or death that results from your negligent driving. 

Types of Criminal Vehicular Operation Charges

CVO charges in Minnesota vary depending on the extent of injury caused. The classifications are:

• CVO causing great bodily harm: This level of harm is defined by a strong probability of death, serious physical disfigurement, or the permanent loss or impairment of any body part.
• CVO causing substantial bodily harm: This is less serious than great bodily harm. It requires a bone fracture, the temporary impairment of a body part, or temporary but substantial disfigurement. 
• CVO causing bodily harm: This charge relates to incidents involving less severe injuries. 

Vehicular Homicide

The separate charge of vehicular homicide may apply if reckless driving leads to someone’s death. The factors that can constitute recklessness for the purposes of this crime are the same as for criminal vehicular operation. 

This is dealt with under Section 609.2112 of the Minnesota State Statute. You should note that vehicular homicide is not the same as murder or manslaughter, and does not come with the same penalties. 

What Are the Penalties for Criminal Vehicular Operation?

As noted above, criminal vehicle operation charges vary on the basis of the level of harm caused. 

CVO causing bodily harm is a gross misdemeanor, carrying potential penalties of up to a year in jail and a fine of up to $3,000. On the other end of the scale, CVO causing great bodily harm is a felony that comes with a fine of up to $10,000, and a custodial sentence of up to five years.

Vehicular homicide comes with even stiffer potential penalties of up to 10 years in jail and a fine of up to $20,000. 

Protecting Yourself Following a Criminal Vehicular Operation Charge in Minnesota

If you’re facing a Minnesota criminal vehicle operation charge, exploring your legal options is crucial. Contact us today for a free initial consultation on your case, during which we can discuss potential legal strategies that may work in your favor.