Criminal Vehicular Operation and Homicide in Minnesota (CVO / CVH)

What These Charges Cover

Minnesota's criminal vehicular operation and homicide laws apply when a person causes death, or one of several levels of bodily harm to another person (or injury/death to an unborn child) as a result of operating a motor vehicle under specified circumstances. In other words, it's the combination of (1) culpable driving conduct and (2) a resulting injury or death that elevates the matter from a DWI to a felony-level vehicular crime.

The Driving Conduct That Triggers These Charges

The law reaches operating a vehicle in any of these ways when it causes harm:

• In a grossly negligent manner;
• In a negligent manner while under the influence of alcohol, a controlled substance, or a combination;
• With an alcohol concentration of 0.08 or more (including as measured within two hours of driving);
• In a negligent manner while knowingly under the influence of a hazardous substance;
• In a negligent manner with any amount of a Schedule I or II controlled substance in the body (handled separately from cannabis);
• While impaired by cannabis or related products (the current statute expressly addresses cannabis and THC products following legalization); or
• Where the driver leaves the scene of the accident, or knew of a dangerous vehicle defect (after a citation/warning) and failed to fix it.

Note that gross negligence alone — even without alcohol or drugs — can support these charges if it causes the requisite harm.

The Penalties Scale With the Harm

The level of injury determines the offense and the maximum penalty:

Criminal Vehicular Homicide — Death (§ 609.21)

Causing the death of another (not constituting murder or manslaughter) is the most serious: a felony punishable by up to 10 years in prison and a $20,000 fine. Depending on the circumstances, a mandatory minimum sentence may apply.

Criminal Vehicular Operation — Great Bodily Harm (§ 609.2113)

Causing great bodily harm (injury creating a high probability of death, serious permanent disfigurement, or permanent loss/impairment of a body function): a felony punishable by up to 5 years and a $10,000 fine.

Criminal Vehicular Operation — Substantial Bodily Harm (§ 609.2113)

Causing substantial bodily harm (a temporary but substantial disfigurement, or temporary substantial loss/impairment of a body function): up to 3 years and a $10,000 fine.

Criminal Vehicular Operation — Bodily Harm (§ 609.2113)

Causing bodily harm (physical pain or injury, illness, or impairment): up to 364 days and a $3,000 fine.

Injury or Death to an Unborn Child (§ 609.2114)

Separate provisions address causing the death of, or injury to, an unborn child through the same kinds of conduct, with corresponding penalty levels.

"Great" vs. "Substantial" vs. "Bodily" Harm — Why It Matters

The difference between these injury categories can mean years of prison exposure, and the line between them is often genuinely contestable. Whether an injury is "great," "substantial," or merely "bodily" harm is a fact-and-evidence question — frequently involving medical testimony — and it's one of the most important issues to scrutinize in a CVO case.

Proving Cause: The Critical Link

The state must prove the driving conduct caused the death or injury — not merely that an accident happened and the driver had been drinking. Causation, the sequence of events, accident reconstruction, and the connection between any impairment and the crash are often central battlegrounds. As in any DWI case, the legality of the stop, the arrest, and any chemical testing also matters enormously (see our pages on DWI arrests and chemical testing).

Leaving the Scene

For the "leaving the scene" version, the state must prove the driver knew they were involved in an accident requiring them to stop (one involving a person or another vehicle) — but it does not have to prove the driver knew someone was injured or killed.

Related Offense: Death Caused While Fleeing Police

It is a felony to flee a peace officer in a motor vehicle, and the penalty is greater if death or injury results. The officer must have been lawfully performing official duties, and the state must show the driver knew or should have known it was a peace officer.

License and Collateral Consequences

Beyond prison and fines, a CVO or CVH conviction carries a driver's license revocation and other lasting consequences. As a felony (for the more serious levels), it also brings the collateral effects of any felony conviction — on employment, firearms rights, and more.

What this means for you: These are among the most serious and complex driving cases, often involving accident reconstruction, medical evidence, and chemical testing — each an avenue for defense. The harm classification, the causation link, and the legality of the testing can each dramatically change the exposure. Given the stakes, experienced representation is critical from the earliest stage.