As a former prosecutor in the Dakota County Attorney’s Office, James Blumberg has experience on both sides of the criminal courtroom. He knows how to fight to get charges reduced or dismissed for clients in the Twin Cities area.Read More
DWI with Bodily Harm in Minnesota
In Minnesota, if you drive while impaired (DWI) and someone is harmed or injured as a result, you could face a charge of DWI with bodily harm or DWI with bodily injury, an elevated DWI charge also known as criminal vehicular operation (CVO).
All but one of the six possible charges for DWI with bodily harm in Minnesota are felonies and the other is a gross misdemeanor. A conviction for any of these charges may result in at least one year in jail and thousands of dollars in fines, with the most serious charge providing for a prison sentence of up to 10 years and a fine of up to $20,000 upon conviction.
A driver may face CVO charges for afflicting bodily harm while driving in a grossly negligent manner or for driving in a negligent manner while under the influence of alcohol or a controlled substance. Most CVO prosecutions involve a violation of DWI law.
A CVO charge may also result from either leaving the scene of an accident in which someone was injured, if the accident went unreported to police, or, if a driver continued to operate a vehicle after previously being cited for defective maintenance that created a danger to others.
Twin Cities Attorney for DWI with Bodily Harm
If you have been arrested for DWI with bodily injury in Apple Valley, Minnesota or anywhere in the Twin Cities area, including Dakota County, Hennepin County, Ramsey County, and Anoka County, you need an experienced attorney to explain the laws that affect your situation and inform you about your options to help you make the right decision in your case.
James Blumberg Law is equipped with the experience and dedication to aggressively defend you against a DWI with bodily harm, DWI with bodily injury, or CVO charge. We may be able to introduce evidence that could lead to lesser charges or perhaps a dismissal, but James Blumberg Law will take a case to trial if necessary to fight against a conviction. Clearing your name is our priority.
Call James Blumberg Law today at (952) 431-7758 to schedule your free initial consultation to begin the process of protecting your rights and your freedom.
Information Center for DWI with Bodily Harm in Apple Valley, MN and the Twin Cities Area
- Criminal Vehicular Operation (CVO) in Minnesota
- Minnesota Criminal Vehicular Homicide and Injury Law
- Implied Consent Laws for DWI with Bodily Harm in Minnesota
- Administrative Repercussions for DWI with Bodily Harm in Minnesota
- Additional Resources
Minnesota defines bodily harm as "physical pain or injury, illness, or any impairment of physical condition" (Minnesota Statute 609.02 (Subd. 7)).
Not all bodily harm caused by negligent driving is criminal in Minnesota. Accidents happen because people are human and sometimes they make mistakes. However, the law recognizes that sometimes a heightened level of negligence occurs, which may result in criminal charges if someone sustains a bodily injury.
A driver who causes bodily harm may face a charge of criminal vehicular operation (CVO) if alcohol or a controlled substance is suspected of contributing to the accident that caused the injury.
Minnesota law defines six levels of criminal vehicular operation (CVO)—all but one are felony offenses—depending on the level of injury inflicted:
- Criminal vehicular homicide (causing death, but not constituting murder or manslaughter), a felony punishable by up to 10 years in prison and a fine of up to $20,000;
- Great bodily harm (serious permanent injury), a felony punishable by up to five years in prison and a fine of up to $10,000;
- Substantial bodily harm (temporary substantial injury), a felony punishable by up to three years in prison and a fine of up to $10,000;
- Death to an unborn child, a felony punishable by up to 10 years in prison and a fine of up to $20,000;
- Injury to an unborn child, a felony punishable by up to five years in prison and a fine of up to $20,000, and;
- Bodily harm (pain or injury), a gross misdemeanor punishable by up to one year of incarceration and a fine of up to $3,000.
See Minnesota Statutes 609. 2112, 609.2113, and 609.2114
To be charged with a CVO violation, a person must cause specific harm to another person as a result of operating a motor vehicle by:
- Driving in a grossly negligent manner;
- Driving in a negligent manner while under the influence of alcohol or a controlled substance or a combination of them;
- Driving with a blood-alcohol concentration (BAC) of 0.08 or more;
- Driving a vehicle in violation of any of the elements of regular DWI law;
- Causing an accident and leaving the scene in violation of Minnesota’s felony fleeing law;
- Driving after being issued a citation for defective maintenance of a vehicle, knew remedial action was not taken, the defect created a risk to others, and injury or death resulted from the defective maintenance.
The court may also consider the level of impairment during sentencing. An elevated BAC level may result in an enhanced punishment upon conviction.
If you are charged with DWI with bodily harm in Dakota County, Minnesota, or anywhere in the Twin Cities area, you should seek the advice of a qualified criminal defense attorney right away in order to protect your driving privileges and your freedom.
Under the state's implied consent law (Minnesota Statute 169A.51), a person who is granted the privilege to drive agrees to chemical testing of the breath, blood or urine if the police suspect him or her to be under the influence of alcohol or some other substance that caused an impairment.
If a driver who is suspected of DWI with bodily injury consents to a test, his or her urine or blood will be tested for the presence of alcohol and/or drugs.
In Minnesota, an arresting officer must read the state's implied consent advisory statement to a suspect, explaining that testing is mandatory and refusal is a crime. The statement also explains that the person has the right to consult an attorney before taking the test; this right is limited to the extent that it cannot unreasonably delay administration of the test.
If a driver refuses a DWI test or a test for drugs, his or her driver's license may be revoked for up to one year regardless of the outcome of any criminal case.
In addition to criminal penalties imposed by a court, a person convicted of DWI with prescription drugs may also be subject to administrative penalties imposed by the state Department of Public Safety (DPS).
Administrative penalties are often determined by a person's blood-alcohol concentration and the number of previous offenses.
A drugged driving first-time offender could lose his or her license for 90 days, and a second offense could mean losing driving privileges for up to one year. If a person is charged with a third offense, his or her license could be suspended for three years. A fourth offense could result in a four-year suspension.
Administrative penalties that could be enforced depending on the circumstances of the case include suspension, revocation, or cancellation of driver's license, impoundment of license plates, forfeiture of vehicle, mandatory drug and alcohol treatment, and fees.
Reinstatement of driving privileges in Minnesota requires a $680 fee, DWI knowledge test, driver’s license application with fees, and chemical health assessment.
Minnesota Statute 609.2113 — Criminal Vehicular Operation (CVO); Bodily Harm — Read the state laws related to CVO and bodily harm, including the penalties for the infliction of different degrees of bodily harm under Minnesota law.
Find an Experienced Criminal Defense Attorney for DWI with Bodily Harm in Apple Valley, MN and the Twin Cities Area
A DWI arrest in which someone was injured is a serious charge that may result in prison, expensive fines, and other consequences that could last a lifetime. If you are charged with DWI with bodily harm in the Twins Cities area, you should contact an experienced criminal defense lawyer today to schedule a consultation to discuss the details of your case.
At James Blumberg Law, our dedicated team will strive for the best possible outcome in your case. Contact us today if you are in Apple Valley, Minnesota or anywhere in the Twin Cities area, including Dakota County, Hennepin County, Ramsey County, and Anoka County, or throughout the Minneapolis, St. Paul, and metropolitan Twin Cities area.
James Blumberg and his legal team can help you challenge your charges while fighting for a favorable outcome. We may be able to find flaws in the prosecution's case or in the legality of the traffic stop, arrest, or sobriety testing, which may result in a dismissal or reduction of charges.
You deserve representation by a qualified criminal defense attorney in your case. Your future is important, and James Blumberg Law can help you protect it. Contact us at (952) 431-7758 to schedule a free initial consultation today.