Changes to Tennessee’s Vehicular Homicide Sentencing in 2015

Tennessee changed its sentencing law on vehicular homicide back in 2015. Vehicular homicide is the “reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:

• Conduct creating a substantial risk of death or serious bodily injury to a person;
• The driver’s intoxication, which includes alcohol intoxication, drug intoxication, or both; or
• As the proximate result of conduct constituting the offense of drag racing; or
• The driver’s conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.”

The charge of vehicular homicide is a serious one. It is a class B felony in Tennessee with a potential sentence of 8 – 30 years in prison. The Tennessee legislature has established new mandatory minimum sentences. Now those convicted of vehicular homicide while intoxicated would not be eligible for probation. Before the law went into effect, a criminal defendant was eligible for probation if the sentence was ten years or less.

This new law came about after an investigative report in the Memphis Commercial Appeal, revealed that Tennessee, which has some of this country’s toughest drunk driving laws is also among the most lenient for DUI-related vehicular homicide.

The initial legislation was introduced by Senator Doug Overbey (R-Maryville), who told The Chattanoogan “This needs to be fixed immediately. Those who drink, drive and kill must face tough punishment for the severity of their crime.”

In a story in the Johnson City Press, District Attorney General Tony Clark said that the new rules give more teeth to the sentencing options for judges. “To me, it makes the life of a victim more important,” said Clark.

What happens if you are facing a charge of vehicular homicide?

If you are charged with vehicular assault, you go directly to jail, and you will be held there without eligibility for release or probation for the following amount of time:

• 48 hours with no prior alcohol- or drug-related convictions
• 45 days with one prior convictions
• 120 days with two prior convictions
• 150 days for three or more prior convictions

Once convicted, the court can also take your driver’s license for between 3 and 10 years. Depending on your exact situation, you can be charged with a Class B, Class C or Class D felony.

Penalties for vehicular assault in Tennessee

Tennessee law separates vehicular assault into three categories:

• Vehicular assault occurs when you have caused injury to another person. It is a Class D felony with a prison sentence of between two and 12 years.
• Vehicular homicide is a fatal crash and a Class B felony, with a sentence of eight to 30 years.
• Aggravated vehicular assault is a crash leading to injury or death by a repeat offender. This is a Class A felony, and can land you in prison for 15 to 60 years.

Vehicular assault in any form usually involves a DUI-related crash of some kind.

If you have been charged with vehicular homicide, please contact the Law Offices of Adrian H. Altshuler & Associates immediately, so one of our Franklin DUI defense lawyers can defend your rights. We maintain offices in Brentwood and in Columbia as well to better serve you. Please contact us or call 615-977-9370 for more information.

Updated: February 2017