Nashville Vehicular Assault Lawyer

A DUI-related collision that leaves another person seriously injured can lead to a vehicular assault charge, a felony offense under Tennessee law. Unlike a standard DUI case, the prosecution must establish not only the alleged intoxication but also the required connection between that intoxication and the resulting injury. The circumstances of the crash, the reliability of alcohol or drug testing, and the extent of the injuries can all become central to the case.

For someone facing vehicular assault charges in Nashville, the allegations may carry consequences beyond those associated with a typical DUI arrest, including a potential prison sentence, substantial fines, and restrictions on driving privileges. Michael Killen handles serious criminal cases involving allegations of intoxicated driving and injury, with attention to the specific facts and legal issues that distinguish one case from another.

Need to learn more about Tennessee’s DUI injury laws? Reach out to our Nashville vehicular assault legal team at (615) 549-8117.

What Is Vehicular Assault in Tennessee?

Under Tennessee law, vehicular assault occurs when a person recklessly causes serious bodily injury to another person as a result of intoxication while operating a motor vehicle. Intoxication can involve alcohol, drugs, or both.

The prosecution must establish the required connection between the alleged intoxication, the operation of the vehicle, and the injury. The fact that a serious accident occurred does not, by itself, establish every element of the offense.

Vehicular Assault Penalties in Tennessee

Vehicular assault is a Class D felony. Depending on the applicable sentencing range, a conviction can carry 2 to 12 years in prison and a fine of up to $5,000.

Tennessee law also imposes mandatory minimum incarceration and driving restrictions:

First violation: At least 48 consecutive hours of incarceration and a one-year driving prohibition.
One prior qualifying alcohol-related conviction: At least 45 consecutive days of incarceration.
Two prior qualifying alcohol-related convictions: At least 120 consecutive days of incarceration.
Three or more prior qualifying alcohol-related convictions: At least 150 consecutive days of incarceration.

The driving prohibition also increases for subsequent vehicular assault convictions. The sentence and applicable restrictions depend on the person’s record and the circumstances of the offense.

Aggravated Vehicular Assault in Tennessee

Tennessee Code § 39-13-115 provides for aggravated vehicular assault when a person commits vehicular assault and meets specific additional requirements involving prior convictions or alcohol concentration.

The charge may apply when the person has:

Two or more prior DUI or boating-under-the-influence convictions;
A prior conviction for vehicular assault, vehicular homicide, or aggravated vehicular homicide; or
A blood or breath alcohol concentration of at least 0.15% at the time of the offense and one qualifying prior DUI or boating-under-the-influence conviction.

The statute generally considers qualifying prior convictions from within the preceding 20 years.

Aggravated vehicular assault is a Class C felony. A conviction can carry a prison sentence of 3 to 15 years, depending on the applicable sentencing range, and a mandatory fine of $5,000 to $15,000. A driving prohibition also applies.

The prosecution must establish the required aggravating factors. Whether a prior conviction qualifies and whether the evidence supports the elevated charge can be important issues in the defense.

Vehicular Assault vs. Vehicular Homicide

Vehicular assault generally involves serious bodily injury, while vehicular homicide involves a death. Tennessee law treats these as separate offenses, with different legal requirements and potential penalties. When a traffic accident results in a fatality, the charges and sentencing consequences are typiclly more severe.

Defending Against Vehicular Assault Charges

The evidence concerning intoxication and the cause of the accident can be central to a vehicular assault prosecution. Relevant issues may include:

Alcohol or drug testing: The reliability of test results and the procedures used to obtain and analyze samples.
Cause of the collision: Whether the available evidence supports the required connection between intoxication and the injury.
Accident evidence: What photographs, video recordings, witness accounts, and other records establish about the collision.
Prior convictions: Whether the convictions alleged by the prosecution qualify to support an aggravated charge.

The appropriate approach depends on the evidence and the specific allegations.

When a traffic accident leads to DUI or vehicular assault charges, understanding the evidence is essential. Contact our legal team at (615) 549-8117 to discuss the circumstances of your case.