What Happens if I Drive Under The Influence And Someone Gets Hurt or Killed?

Criminal Vehicular Homicide And DWI:

There are six levels of criminal vehicular operation (CVO). Only one of these is not considered a felony. It does depend upon the level of injury inflicted upon another and whether or not the act results in death. One common element, however, is that the person behind the wheel of the vehicle allegedly causes some kind of harm to another human being. That is why when faced with charges for this crime, you need a Minnesota DWI lawyer to work with you and stand by you every step of the way.

It should be noted that any CVO act usually occurs in conjunction with another DWI act, which means more than one DWI charge can occur. These multiple charges can result in very severe penalties and a serious impact on the rest of your life.

Levels Of Criminal Vehicular Operation

The six levels of CVO are defined below:

  • Criminal vehicular homicide, causing death.
  • Great bodily harm causing permanent injury.
  • Substantial bodily harm causing substantial injury.
  • Bodily harm causing pain or injury, which is a gross misdemeanor.
  • Injury to an unborn child.
  • Death to an unborn child.

Criminal Vehicular Homicide Defined

Minnesota Statute 609.21 Subdivision 1 states a person is guilty of criminal vehicular homicide or operation if they cause injury or death to another person while operating a motor vehicle if they do so:

  • In a grossly negligent manner
  • In a negligent manner if they are under the influence of alcohol, a controlled substance, or any combination of the two
  • While having a blood alcohol concentration of .08 or more; a blood alcohol concentration of .08 or more after the offense; in a negligent manner while knowingly under the influence of a dangerous substance; in a negligent manner when the substance is a Schedule I or II substance, a metabolite, or substance other than tetrahydrocannabinols or marijuana.
  • The driver leaves the scene of the accident
  • The driver had knowledge that a citation was issued by a peace officer, stating that the vehicle was defective, but the individual proceeded to operate the vehicle anyway, causing injury or death.

Penalties For Criminal Vehicular Homicide

The penalties for criminal vehicular homicide are outlined in Minnesota Statute 609.21 subdivision 1a and they state that a person who is guilty of the death of another human being not constituting manslaughter or murder or the death of an unborn child may be sentenced to a maximum of ten years in prison, a fine of $20,000, or both.

Your Minnesota DWI attorney can help you fight the charges, thus possibly reduce the penalties against you or have your case dismissed. There are a number of strategies that can be used unique to your case because of the circumstances surrounding it. Don’t just settle with the charges and accept the conviction and its penalties.

Contact Minnesota DWI Attorney F. T. Sessoms:

If you have been charged with criminal vehicular homicide, you need legal assistance as soon as possible. Contact Minnesota DWI Attorney F. T. Sessoms at 612-344-1505 to discuss your case and to learn about your rights and options.