Vehicular Homicide Charges in Tennessee

Nashville Vehicular Homicide Defense Lawyers

Vehicular homicide is one of the most serious charges a driver can face in Tennessee. When a crash ends in a death, the State can charge the driver with a felony that carries years in prison, even when the driver never meant to hurt anyone.

These cases move quickly. In the first hours after a crash, police collect blood samples, vehicle data, and witness statements, and the State builds its case around that evidence.

At Freeman & Fuson, our criminal defense team, led by Joseph W. Fuson, defends people charged with vehicular homicide in Davidson County and across Middle Tennessee.

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What Is Vehicular Homicide Under Tennessee Law?

Under T.C.A. § 39-13-213, vehicular homicide is the reckless killing of another person by the operation of a motor vehicle, when the death is the proximate result of:

• Conduct creating a substantial risk of death or serious bodily injury
• The driver’s intoxication from alcohol or drugs
• Drag racing

The State has to prove both that the driver acted recklessly and that the driving caused the death. A fatal crash on its own does not prove either one.

Penalties for Vehicular Homicide in Tennessee

Vehicular homicide is always a felony, and the class depends on how the State charges the case:

• Vehicular homicide based on reckless driving or drag racing is a Class C felony, with a sentencing range of three to 15 years
• Vehicular homicide by intoxication is a Class B felony, with a sentencing range of eight to 30 years
• Aggravated vehicular homicide, which can apply to drivers with certain prior DUI or vehicular homicide convictions, is a Class A felony (T.C.A. § 39-13-218)
• A conviction based on intoxication also brings a driver’s license revocation that can last for years

Where a sentence falls inside those ranges depends on the driver’s prior record and the facts of the case, and a felony conviction follows someone long after any prison term ends.

How Vehicular Homicide Charges Are Defended

Every case turns on its own facts, but the defense often focuses on questions like these:

• Whether a blood or breath test was collected, stored, and analyzed correctly
• What actually caused the crash, including road conditions, vehicle problems, and the actions of other drivers
• Whether police had legal grounds for the stop, the search, or the blood draw

Crash scenes are cleared and vehicles are repaired or scrapped, so the defense needs to start before that evidence is gone. Joey Fuson and the criminal defense team at Freeman & Fuson get involved as early as possible for that reason.