Davis DefenseCriminal Defense • Minnesota

Minnesota Criminal Vehicular Operation Defense

When an accident leads to criminal charges, experience, strategy, and immediate action matter.

Attorney Andrew Davis

Understanding Criminal Vehicular Operation in Minnesota

Minnesota has some of the strictest laws in the country when it comes to driving offenses involving injuries. Criminal Vehicular Operation charges often arise from serious accidents involving alleged impairment, reckless driving, texting while driving, or other forms of negligence. These allegations can lead to felony charges even for first-time offenders.

How CVO Charges Are Built

Prosecutors often rely on:

  • Accident reconstruction reports
  • Witness statements
  • Officer observations
  • Toxicology tests (breath, blood, or urine)
  • Dashcam or surveillance video
  • Vehicle inspection and defect reports
  • Cell phone analysis in distracted driving claims

At Davis Defense, we challenge every piece of this evidence to ensure the state meets its burden of proof.

What Can Lead to a CVO Charge?

You may be charged with Criminal Vehicular Operation if injuries result from:

  • Driving while impaired by alcohol or drugs
  • Driving in a grossly negligent manner
  • Leaving the scene of a crash involving injury or death
  • Operating a vehicle known to have dangerous mechanical defects
  • Texting or distracted driving (in some cases)
  • Failure to exercise reasonable care on the road

Levels of Injury and Penalties

CVO penalties depend heavily on the level of injury involved:

  • Death or Death of an Unborn Child Up to 10 years in prison and/or a $20,000 fine.
  • Great Bodily Harm Serious permanent injury; punishable by up to 5 years in prison and/or a $10,000 fine.
  • Substantial Bodily Harm Temporary but serious injury; punishable by up to 3 years in prison and/or a $10,000 fine.
  • Bodily Harm Pain or visible injury; typically charged as a gross misdemeanor, punishable by up to 1 year in jail and/or a $3,000 fine.

You may also face driver’s license revocation for up to 10 years and long-term insurance consequences.

When CVO Involves a DWI

Many CVO charges involve allegations of drunk or drugged driving. But DWI evidence is not always reliable. Officers may misinterpret behavior, mishandle testing procedures, or improperly administer field sobriety tests. Our team scrutinizes every step to determine whether your rights were violated or whether the evidence is flawed.

Challenging the State’s Case

Every detail matters. We investigate:

  • How the crash occurred
  • Whether police followed proper procedures
  • Whether injuries were caused by the crash or unrelated factors
  • The credibility of witnesses
  • Whether mechanical defects contributed to the accident
  • If weather or road conditions played a role

What to Do If You’ve Been Charged with CVO

Taking the right steps early can significantly impact your case:

  1. Do not give statements to police or insurance companies without your lawyer present.
  2. Contact a criminal defense attorney as soon as possible before evidence disappears or becomes harder to challenge.
  3. Document everything you remember, including weather, traffic, road conditions, and statements made at the scene.
  4. Collect photos, messages, or other evidence that may support your version of events.
  5. Follow all court orders and work closely with your attorney to prepare your defense.

Minnesota Criminal Vehicular Operation FAQ

What is Criminal Vehicular Operation in Minnesota?

CVO involves causing bodily harm, substantial bodily harm, great bodily harm, or death while operating a motor vehicle in a grossly negligent manner, while impaired, or during certain other unlawful acts such as fleeing the scene. Penalties vary based on the level of injury involved.

Is Criminal Vehicular Operation always a felony?

Many CVO charges are felonies, especially those involving substantial bodily harm, great bodily harm, or death. Some cases involving lower-level injuries may be charged as gross misdemeanors.

Does a DWI automatically mean I’ll be charged with CVO?

No. A DWI alone does not automatically result in CVO charges. Prosecutors must also prove that your driving caused a specific level of injury or harm to another person.

What are the penalties for a CVO conviction?

Penalties may include up to 10 years in prison for cases involving death, up to 5 years for great bodily harm, thousands in fines, long-term loss of driving privileges, and a permanent criminal record. Sentencing guidelines depend on the severity of the injuries.

What should I do if I’m under investigation for CVO?

Do not speak to law enforcement or insurance investigators without a lawyer. Contact a criminal defense attorney immediately so evidence can be preserved and your rights protected.

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