Criminal Vehicular Operation may occur when a crash results in death or bodily harm to any person other than the driver of the suspect vehicle.

If the Following Events Occur:

  •  Death.
  • Crash resulting in great bodily harm, substantial bodily harm, or bodily harm as defined in Minnesota Statute 609.02.

And the Vehicle is Operated in violation of:

A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

     (i) alcohol;

     (ii) a controlled substance; or

     (iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

(6) 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;

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

(8) 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 injury or death was caused by the defective maintenance.

Screening Process:

  • Preliminary Screening Test (PBT)

      o   A peace officer may require a driver to submit to a preliminary screening test (PBT) when the officer has reasonable articulable suspicion (Knapp v. Commr of Public Safety. 594 N.W. 2d 239 (Minn. Ct. App. 1999) that a person is, or has been, driving, operating, controlling, or acting upon departure from a motor vehicle that the driver is in violation of Driving While Impaired (169A.20). 

  • Implied Consent will not be read.

Criminal Vehicular Operation Check List:

Suspect Driver - In Crash Causing Great Bodily Harm or a Death to Another. 

1.    Regardless of driver being hospitalized or not, conscious or not, the following will be followed:

     a.  Obtain and execute a search warrant before taking blood. The search warrant will be obtained even if the driver volunteers to take a test. An officer, working under the direction of a supervisor, or a supervisor will complete the search warrant and present it to a judge for approval, and will then arrange for the sample to be drawn. Every effort should be made to obtain the warrant unless significant exigent circumstances exist.

    b. Complete the following:

         1.      SPPD Alcohol and Drug Influence Report, accident report, etc.

         2.      Issue no tags. Consult with duty officer about booking suspect for criminal vehicular operation resulting in great bodily harm, or death (fatality).

Exigent Circumstances:

In cases of CVO/CVH, a search warrant to obtain a blood sample may not be feasible. Significant exigent circumstances should be well-documented in a report as it will be required to meet the totality of the circumstances. If exigent circumstances are present, then take blood without a warrant and document the details of the specific circumstances that are present and explain why a warrant could not be obtained.

General Reporting Writing Recommendations:

Officers must be extremely careful to document the totality of the circumstances of every CVO/CVH case. Police reports should contain a very thorough timeline of all events in the case, including the moment of travel from the scene, the moment of arrival at the police station or hospital, the moment of testing, the distances traveled, etc. Police should also document the availability of other officers who could have assisted in the preparation of a search warrant even if they have no intention of seeking a search warrant because the question (along with the question of how long it would have taken to secure a warrant) is sure to be raised in court. In CVO/CVH cases, also document the time of medical response, different phases of medical transportation and treatment, and the times at which significant medical decisions were made.

No Indication of Impairment -Voluntary Screening:

o   Officers may ask the driver of a motor vehicle involved in a crash that results in great bodily harm, substantial bodily harm, or bodily harm as defined in Minnesota Statute 609.02 to voluntarily provide a blood, breath, or urine sample when there is no indication of impairment.  Refusing a voluntary test does not create probable cause to arrest.

Revised April 8, 2014

Last Edited: March 21, 2017