Criminal vehicular homicide is more than a DWI charge in Minnesota. A person charged with criminal vehicular homicide faces up to 10 years in prison and/or a fine of $20,000. A criminal vehicular homicide charge arises when a person causes the death of a human being (that is not considered murder or manslaughter) as a result of operating a motor vehicle:
- In a grossly negligent manner
- In a negligent manner while under the influence of alcohol, a controlled substance, or any combination of those elements
- While having an alcohol concentration (BAC) of 0.08 or more
- While having an alcohol concentration (BAC) of 0.08 or more as measured within two hours of the time of driving
- In a negligent manner while knowingly under the influence of a hazardous substance
- In a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person’s body
- Where the driver who causes the collision leaves the scene of the collision or fails to notify law enforcement
- Where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance
Criminal Vehicular Homicide Defenses
It is an affirmative defense to criminal vehicular homicide for a person to be under the influence of a controlled substance in accordance with the terms of a valid prescription. While similar to criminal vehicular operation, criminal vehicular homicide is a separate offense in Minnesota carrying severe consequences if a person is convicted. The available defenses to a person charged with criminal vehicular operation are many, and should be discussed with a reputable defense lawyer individually.
Minnesota Criminal Vehicular Homicide Lawyer
The risks for life-changing and permanent consequences for a criminal vehicular homicide conviction are enormous and require a skilled defense. To discuss any Minnesota criminal vehicular homicide case, the potential outcomes, and the necessary defenses, call our office at 612-338-5007. Minneapolis criminal vehicular homicide attorney Christopher Keyser focuses exclusively on Minnesota criminal defense and DWI cases throughout the state.