What Happens When a DUI Causes Injury in Tennessee?

A standard DUI is a misdemeanor in Tennessee. A DUI that causes serious injury to another person is a felony called vehicular assault. The jump in penalties is significant. It could lead to years in prison instead of days in jail. A permanent felony record. Five-figure fines. Loss of your driver’s license for years.

If you’ve been arrested after a DUI accident where someone was hurt, here’s what Tennessee law says, what you’re facing, and how the case can be defended.

What Tennessee Law Says About DUI With Injury

Under Tennessee Code Annotated § 39-13-106, a person commits vehicular assault when they recklessly cause serious bodily injury to another person while intoxicated. Both alcohol and drug intoxication count, including legal prescription medications that impair driving.

Three elements must be present for a vehicular assault charge:

• The driver was intoxicated under TCA § 55-10-401 (DUI)
• The driver acted recklessly
• The intoxicated, reckless driving was the proximate cause of serious bodily injury to another person

“Serious bodily injury” is a specific legal term defined in TCA § 39-11-106. It includes injuries that involve a substantial risk of death, prolonged unconsciousness, extreme physical pain, prolonged or obvious disfigurement, prolonged loss or substantial impairment of a body part or organ, or a broken bone in a child age 12 or under.

A bruise, scrape, or minor cut does not meet that standard. The injury has to be significant.

Penalties for Vehicular Assault in Tennessee

Vehicular assault is a Class D felony. The penalties under TCA § 40-35-111 are severe.

• Prison sentence: 2 to 12 years
• Fine: Up to $5,000
• Mandatory minimum jail time: 48 consecutive hours for a first offense, with no eligibility for probation until that time is served
• Driver’s license revocation: 1 year for a first offense, increasing with each subsequent conviction
• Permanent felony record
• Loss of firearm rights under federal law

If the driver has one prior DUI-related conviction, the mandatory minimum jail time jumps to 45 consecutive days. Restitution for medical bills, lost wages, and other damages to the victim is also a common sentencing condition.

When the Charge Becomes Aggravated Vehicular Assault

If certain factors are present, a vehicular assault charge can be elevated to aggravated vehicular assault under TCA § 39-13-115. This happens when the driver:

• Has two or more prior DUI or boating-under-the-influence convictions in the past 20 years, or
• Has one prior DUI conviction and had a BAC of 0.15% or higher at the time of the offense (the threshold was lowered from 0.20% effective July 1, 2025)

Aggravated vehicular assault is a Class C felony with much harsher consequences:

• Prison sentence: 3 to 15 years
• Mandatory fine: $5,000 to $15,000
• Permanent felony record
• Long-term license revocation

The change in BAC threshold means more drivers now face this elevated felony charge than under prior law.

What If Someone Died in the Accident?

If a DUI accident results in a death, the charge is no longer vehicular assault. It becomes vehicular homicide under TCA § 39-13-213, which is a Class B felony. Penalties include 8 to 30 years in prison and fines up to $25,000.

If the driver has prior DUI convictions or had a high BAC, the charge can be elevated further to aggravated vehicular homicide, a Class A felony with potential sentences of 15 to 60 years.

How Police Build a Vehicular Assault Case

After a DUI accident with injuries, law enforcement moves quickly to gather evidence:

• Mandatory blood draw. Tennessee’s implied consent law (TCA § 55-10-406) allows officers to obtain a search warrant for a forced blood draw when DUI with injury is suspected
• Crash reconstruction. Investigators may bring in specialists to establish speed, point of impact, and fault
• Medical records. The state will subpoena hospital records to document the victim’s injuries
• Witness statements. Other drivers, passengers, and bystanders will be interviewed
• Body cam and dashcam footage. Video from the scene becomes part of the file
• Toxicology results. Blood test results take weeks to come back, but they often determine the case

The state has to prove beyond a reasonable doubt that your impairment was the proximate cause of the injuries. That’s a high bar, and it’s where defense work matters most.

Defenses to a Vehicular Assault Charge

Being charged with vehicular assault doesn’t mean conviction is automatic. Several defense strategies can reduce or dismiss the charges:

• Challenging the blood draw. If the warrant was defective, the chain of custody was broken, or the lab made errors, the BAC results may be suppressed
• Disputing causation. The state must prove your impairment caused the injuries. If the other driver was at fault, if a mechanical failure contributed, or if the injuries weren’t directly tied to your conduct, the charge may not stand
• Challenging “serious bodily injury.” If the injuries don’t meet the legal definition, the charge could be reduced to misdemeanor DUI
• Reckless conduct dispute. Vehicular assault requires recklessness. A simple lapse in attention or an unforeseeable event may not rise to the legal standard
• Constitutional violations. If the traffic stop, arrest, or search violated your Fourth Amendment rights, key evidence can be thrown out

Each case turns on its specific facts, and an experienced defense attorney will review every element of the prosecution’s case.

What About Diversion or a Reduction to DUI?

Vehicular assault is one of the few felony charges that may still be eligible for judicial diversion under TCA § 40-35-313. However, some judges are reluctant to grant diversion because DUI is not diversion-eligible, and the court has discretion to deny any diversion based on the facts of the case.

In some cases, particularly where causation or “serious bodily injury” is in dispute, the charge may be negotiated down to a standard DUI. That keeps the case as a misdemeanor and avoids some of the worst long-term consequences.

Civil Liability Comes With the Criminal Case

A criminal conviction for vehicular assault almost always leads to a civil lawsuit from the injured party. Damages can include medical expenses, lost wages and reduced earning capacity, pain and suffering, and property damage.

Most auto insurance policies have liability limits well below what a serious injury claim can cost. Defendants often face personal financial exposure on top of criminal penalties.

Talk to a Tennessee DUI Defense Lawyer Today

A vehicular assault charge changes your life. The difference between a 48-hour jail sentence on a misdemeanor DUI and a multi-year felony prison sentence often comes down to how the case is handled early on.

Evidence needs to be preserved. Witnesses need to be interviewed before memories fade. Blood test procedures need to be reviewed.

If you or a loved one has been charged with vehicular assault after a DUI accident in Tennessee, contact Harvey Criminal Defense Lawyers today to see if we can accept your case.