Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.2113 (2026)

Criminal Vehicular Operation; Bodily Harm

✓ current as of May 2026
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Subdivision 1.Great bodily harm.

A person is guilty of criminal vehicular operation resulting in great bodily harm and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person causes great bodily harm to another not constituting attempted murder or assault 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;

(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or

(iv) 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 under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, 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 was caused by the defective maintenance.

Subd. 2.Substantial bodily harm.

A person is guilty of criminal vehicular operation resulting in substantial bodily harm and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $10,000, or both, if the person causes substantial bodily harm to 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;

(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or

(iv) 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 under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, 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 was caused by the defective maintenance.

Subd. 3.Bodily harm.

A person is guilty of criminal vehicular operation resulting in bodily harm and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the person causes bodily harm to 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;

(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or

(iv) 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 under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, 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 was caused by the defective maintenance.

Subd. 4.Affirmative defense.

It shall be an affirmative defense to a charge under subdivisions 1, clause (6); 2, clause (6); and 3, clause (6), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2015–2024 · leading case: State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent., 869 N.W.2d 863 (Minn. 2015).
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State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent., 869 N.W.2d 863 (Minn. 2015). · cites it 8× “Laws 281 , 288 (codified at Minn. Stat. § 609.2113 (2014)). 3 Lindquist did not move to suppress the blood sample or the results of the alcohol- concentration test before the trial.”
State of Minnesota v. Debra Lee Fawcett, 884 N.W.2d 380 (Minn. 2016). · cites it 4× “1 (2012), to include Minn. Stat. § 609.2113 , subd. 2(2). Act of Apr.”
State of Minnesota v. Debra Lee Fawcett, 877 N.W.2d 555 (Minn. Ct. App. 2016). · cites it 2× “Renumbered as Minn.Stat. § 609.2113, effective August 1, 2014.”
Jason Daniel Gustafson, Relator v. Comm'r of Human Servs., 884 N.W.2d 674 (Minn. Ct. App. 2016). · cites it 2× “2b(3) (2002) (renumbered Minn.Stat. § 609.2113, subd. 3(3), by 2014 Minn.”
State v. Hall, 931 N.W.2d 737 (Minn. 2019). · cites it 4× “The district court made the following findings of fact.”
State of Minnesota v. Samantha Dana Schroeder (Minn. Ct. App. 2024). · cites it 32× “NONPRECEDENTIAL OPINION LARSON, Judge Appellant State of Minnesota challenges the district court’s decision to grant respondent Samantha Dana Schroeder’s motion for a downward durational departure after she pleaded guilty to criminal vehicular operation pursuant to Minn. Stat. §…”
Jensen v. Comm'r Saf., 932 N.W.2d 844 (Minn. Ct. App. 2019). · cites it 4× “The district court denied Jensen's petition, reasoning that, because the warrant indicated that there was probable cause to believe that Jensen committed criminal vehicular operation causing bodily harm under Minnesota Statutes, section 609.”
State of Minnesota v. Earl Lionell Ward (Minn. Ct. App. 2016). · cites it 2× “The state also sent Ward’s trial counsel an e-mail stating that it would seek the 1 The current version of the statute is Minn. Stat. § 609.2113 , subd. 1(7) (2014).”
State of Minnesota v. Tchad Tu Henderson, 890 N.W.2d 739 (Minn. Ct. App. 2017). · cites it 2× “See Minn. Stat. § 609.2113 , subds. 1(1), 1 1(2)(i) (2014).”
State of Minnesota v. John Michael Ryan (Minn. Ct. App. 2024). · cites it 2× “See Minn. Stat. § 609.2113 , subd. 2(6) (2020) (stating a person is guilty of criminal vehicular operation resulting in substantial bodily harm if they operate a motor vehicle “in a negligent manner while any amount of controlled substances listed in Schedule I or II .”
State of Minnesota v. Camille Lashay Dennis-Bond (Minn. Ct. App. 2024). · cites it 2× “See Minn. Stat. § 609.2113 , subd. 1(1) (2020).”
State of Minnesota v. Javon Lamar Johnson (Minn. Ct. App. 2015). · cites it 2× “1(2), (5), (6) (2014) (defining criminal vehicular homicide as causing a death as a result of operating a motor vehicle “in a negligent manner” plus other factors); Minn. Stat. §§ 609.2113 , subds. 1–3, .2114, subds.”
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