Tennessee’s drunk driving laws just got tougher—and the consequences more severe. Recent changes to the law make it easier for prosecutors to pursue felony charges in DUI cases involving injuries or fatalities.
If you’re pulled over with a moderate blood alcohol level or if you’re involved in a crash, the stakes may now be far higher than you realize. These updates affect how charges like vehicular assault and vehicular homicide are filed and prosecuted, often with longer prison time and fewer options for leniency.
In this post, our DUI defense team breaks down what’s changed, what penalties you could be facing if you are charged with vehicular assault or vehicular homicide, and how these laws could impact your rights and your future.
What Changed on July 1, 2025: BAC Limit Lowered to 0.15
Tennessee has made a significant shift in how it handles DUI-related injury and fatality cases. With the passage of House Bill 0190, the State officially lowered the BAC threshold for aggravated vehicular assault and aggravated vehicular homicide from 0.20 to 0.15, effective July 1, 2025.
Under the previous law, enhanced felony charges required a very high level of intoxication—with the BAC being a .20 or “blackout drunk” levels. But with the new 0.15 standard, far more drivers are now at risk of facing felony-level DUI charges, especially in cases involving injuries or death. In fact, the majority of DUI cases are above or close to a .15 BAC.
Here’s what that change means in real-world terms:
- A driver with a BAC of 0.15 can now be charged with aggravated vehicular assault, a Class C felony, which previously would have been a Class D felony.
- If someone is killed in the crash and the driver has a prior DUI conviction, that 0.15 BAC can now support a charge of aggravated vehicular homicide, a Class A felony—Tennessee’s most serious classification short of first-degree murder.
So what do these legal changes mean for the actual charges drivers now face? Let’s break down how vehicular assault works under Tennessee law and how the lowered BAC threshold has changed what prosecutors can pursue.
Vehicular Assault Charges in Tennessee
Vehicular assault is a serious criminal charge in Tennessee, arising when someone operates a vehicle recklessly or under the influence of drugs or alcohol, causing serious bodily injury to another person (T.C.A. § 39-13-106). The penalties for vehicular assault (a Class D felony) can severely impact your life, including:
- Prison time of 2 to 12 years,
- Mandatory minimum jail sentence of at least 48 hours,
- Loss of driving privileges for 1 to 5 years.
Even first-time felony offenders face life-changing consequences, including the loss of certain employment opportunities, difficulty securing housing, and lasting damage to personal reputation and career prospects.
When Vehicular Assault Becomes “Aggravated” Under the New Law
These recent changes to the law have made it easier for prosecutors to upgrade a vehicular assault charge to aggravated vehicular assault—a more severe Class C felony carrying harsher penalties, including 3 to 15 years in prison.
Under the revised law, you can be charged with aggravated vehicular assault if you commit vehicular assault and any one of the following conditions apply:
- You have two or more prior DUI or BUI convictions,
- You have at least one prior conviction for vehicular assault, vehicular homicide, or aggravated vehicular homicide, or
- Your BAC was 0.15 or higher at the time of the crash and you have at least one prior DUI or BUI conviction.
While vehicular assault deals with serious but non-fatal injuries, Tennessee law comes down even harder when a DUI crash results in a death. Let’s look at how vehicular homicide charges work and when prosecutors can escalate them to Class A felonies.
Vehicular Homicide Charges in Tennessee
Vehicular homicide is one of Tennessee’s most serious criminal charges related to impaired driving, defined under T.C.A. § 39-13-213 as causing the death of another person while driving under the influence of alcohol or drugs.
This charge is typically prosecuted as a Class B felony, with substantial consequences:
- 8 to 30 years in prison,
- Mandatory license revocation for 3 to 10 years,
- Permanent felony conviction, with no probation eligibility on minimum sentencing.
Even without aggravating factors, a vehicular homicide charge dramatically alters the course of a defendant’s life, carrying serious prison exposure and lifelong collateral consequences.
How Vehicular Homicide Charges Have Changed in 2025
Tennessee law has expanded the circumstances under which prosecutors can file charges of aggravated vehicular homicide—a more serious Class A felony, bringing the most severe penalties short of first-degree murder.
Under the revised law, aggravated vehicular homicide charges can apply if any of the following conditions exist:
- You have two or more prior convictions for DUI, boating under the influence (BUI), vehicular assault, or vehicular homicide (or any combination of these),
- You have one or more prior convictions for vehicular homicide, or
- You had a BAC of 0.15 or higher at the time of the crash and at least one prior conviction for DUI, BUI, or vehicular assault.
Lowering the BAC threshold from 0.20 to 0.15 significantly increases the risk that drivers who previously would have faced lesser charges now risk severe Class A felony charges with prison sentences ranging from 15 to 60 years.
How Our Attorneys Defend Against Vehicular Assault and Homicide Charges
Facing a felony DUI-related charge after a serious crash can feel overwhelming—especially when prosecutors are pushing for decades in prison based on your BAC and criminal history. But you have options, and we have the experience to fight for you. Our vehicular assault and homicide attorneys build informed, strategic defenses designed to reduce or eliminate your exposure to long-term prison time.
Here’s how we approach these cases:
1. Challenging the BAC Evidence
Blood alcohol concentration is often the cornerstone of the prosecution’s case—especially under the new 0.15 threshold. We investigate:
- Timing of the test—Was blood drawn long after the crash, possibly inflating the reading?
- Testing method—Were proper procedures followed for breath, blood, or urine collection?
- Device calibration and records—We subpoena maintenance logs for breathalyzers and lab credentials for blood testing.
- Collection of the blood sample —We evaluate whether the sodium fluoride and potassium oxalate were properly mixed into your blood sample, and whether the blood was properly taken by someone qualified to take blood and under proper conditions.
- Transportation and storage of blood — We ensure that the blood was properly preserved during the storage and transportation of the blood. Was your blood stored in proper conditions in a refrigerator? Did the transportation from East Tennessee to Nashville involve your blood sample being in the back of a hot patrol car in the summer or was it on ice?
A flawed test or chain-of-custody issue can knock out the prosecution’s main aggravating factor—and downgrade a felony back to a lesser charge.
2. Analyzing Causation and Crash Evidence
In both vehicular assault and homicide cases, the State must prove you caused the crash that led to the injury or death—not just that you were intoxicated. Our team works with:
- Accident reconstruction experts to analyze skid marks, yaw marks, impact angles, and vehicle data,
- Witness interviews to uncover inconsistencies in the State’s narrative,
- Surveillance or dash cam footage that may show another driver or external factor was to blame.
If the crash would have happened regardless of impairment, the charges may not hold.
3. Disputing the Severity of the Injuries
For vehicular assault, the law requires proof of “serious bodily injury”—a technical legal term that doesn’t cover every bump or bruise. We often bring in:
- Independent medical experts to review emergency room records,
- Photos and videos of the injuries as they healed,
- Medical history to evaluate whether the injury was pre-existing or less severe than claimed.
Reducing the perceived harm can take a case from felony territory into a more manageable outcome.
4. Reviewing and Challenging Prior Convictions
To qualify for aggravated felony charges, the State must prove you have prior DUI-related offenses. We examine:
- Whether those convictions meet Tennessee’s legal definition of a DUI,
- If out-of-state records are admissible,
- Whether any constitutional defects in the prior case (like lack of counsel) could block its use against you now.
Removing a qualifying prior can mean the difference between a Class C felony and a Class D—or even a misdemeanor.
5. Negotiating Strategic Outcomes When Appropriate
Not every case should go to trial—but every case should be trial-ready. When appropriate, we:
- Push for reduced charges based on evidentiary weaknesses,
- Highlight mitigating factors like treatment, remorse, and lack of criminal history,
- Negotiate for alternative sentencing like probation, community service, or diversion.
Our vehicular homicide attorneys take a detailed and aggressive approach to defending against these charges. We understand that every case is personal, and we fight like it’s our own name on the docket. Our goal is always to protect your future—not just defend your present.
Charged With Vehicular Assault or Homicide in Tennessee? Take Action Today
Under Tennessee’s updated DUI laws, a BAC of just 0.15 can now lead to aggravated vehicular assault or vehicular homicide charges—with penalties as high as 60 years in prison. These cases move quickly, and without an experienced attorney on your side, you could face life-altering consequences.
Our DUI defense attorneys at Barnes & Fersten prepare every case as if it’s going to trial. Whether you’re facing vehicular homicide or vehicular assault, we dig into the facts, challenge the evidence, and fight to keep you out of prison and in control of your future.
Don’t wait to get legal help. If you’ve been charged with vehicular assault or vehicular homicide, call us today at (865) 805-5703 or fill out our contact form to schedule a free consultation. Your defense starts the moment you pick up the phone.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
