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Being charged with vehicular homicide in Tennessee can change your life in an instant. You may be facing years in prison, a felony record, and the permanent loss of your driver’s license. If alcohol or drugs were allegedly involved, prosecutors will pursue the harshest penalties available. At Barnes & Fersten, we understand what’s at stake—and we’re here to fight for your future.
At Barnes & Fersten, our Knoxville criminal defense attorneys are ready to fight for you. We bring deep experience in DUI and fatal accident cases, backed by a thorough understanding of Tennessee law, forensic evidence, and trial strategy.
In Tennessee, vehicular homicide is a felony offense that occurs when someone recklessly kills another person while operating a motor vehicle. It’s one of the most serious criminal charges a driver can face, and it often stems from situations involving alcohol, drugs, speeding, or distracted driving.
Under Tennessee Code Annotated § 39-13-213, there are several different types of vehicular homicide, each with its own legal criteria and potential penalties:
🔶 DUI-Related Vehicular Homicide – Class B Felony
This is one of the most serious forms of vehicular homicide in Tennessee. It occurs when a driver is under the influence of alcohol or drugs and causes a fatal crash. The intoxication must be a direct cause of the death. These cases often result in aggressive prosecution, particularly when there are prior DUI convictions. If certain aggravating factors apply, this charge can be elevated to Aggravated Vehicular Homicide, a Class A felony.
🔶 Reckless Driving Vehicular Homicide – Class C Felony
This charge applies when a person causes a death by operating a vehicle in a criminally reckless manner. Examples include excessive speeding, ignoring traffic signals, or dangerously distracted driving. While impairment isn’t required, the State must prove the driver consciously disregarded a substantial and unjustifiable risk.
🔶 Drag Racing Vehicular Homicide – Class C Felony
A fatality that occurs during an illegal drag race—whether on public or private roads—can result in a vehicular homicide charge. Impairment is not required, and the driver’s intent does not have to be malicious.
🔶 Construction Zone Vehicular Homicide – Class D Felony
This charge applies when a fatal crash occurs in a marked construction or maintenance zone, where official warning signs were properly posted. It doesn’t require intoxication or drag racing—only that the driver’s actions caused the death in a protected zone.
The penalties for vehicular homicide in Tennessee are severe and depend on the circumstances of the offense—particularly whether alcohol, drugs, or reckless driving were involved. A conviction will result in a felony on your record, significant prison time, and long-term license revocation.
Below is a breakdown of penalties based on the type of vehicular homicide under Tennessee Code Annotated § 39-13-213:
(Driving under the influence of alcohol or drugs)
Class B felony
8 to 30 years in prison
Fines up to $25,000
Driver’s license revocation: 3 to 10 years
No restricted license permitted
Counts as a prior DUI for future DUI sentencing
Note: This is one of the most aggressively prosecuted forms of vehicular homicide. Sentencing may increase significantly if there are prior DUI convictions or multiple fatalities. Tennessee law also requires certain minimum jail time if the defendant has a prior alcohol-related conviction.
(Non-DUI-related reckless operation or racing)
Class C felony
3 to 15 years in prison
Fines up to $10,000
Driver’s license revocation: 3 to 10 years
(Fatal crash in a properly marked construction or maintenance area)
Class D felony
2 to 12 years in prison
Fines up to $5,000
Driver’s license revocation: 3 to 10 years
No restricted license permitted
(DUI-related homicide with prior convictions or high BAC)
Class A felony
15 to 60 years in prison
Fines up to $50,000
Driver’s license revocation: 3 to 10 years
No restricted license permitted
A permanent felony record
Loss of civil rights (voting, firearm ownership, etc.)
Difficulty finding employment or housing
Emotional and financial strain on your family
Note: Tennessee law mandates incarceration for all vehicular homicide convictions. While the exact sentence depends on your classification (e.g., Range I vs. Range II offender), probation is not an option—a prison sentence is required.
As of July 1, 2024, Tennessee law has changed how DUI-related vehicular homicide sentences are served. Under the new statute, anyone convicted of causing a fatal crash while driving under the influence must serve 100% of their prison sentence—without eligibility for parole, probation, or early release. This means:
No credit for good behavior
No sentencing reductions
Full term must be served, regardless of the offender’s prior record or mitigating factors
At Barnes & Fersten, we’ve successfully defended clients facing the most serious DUI-related and felony charges. We work aggressively to challenge evidence, suppress illegally obtained statements, and negotiate for reduced or dismissed charges whenever possible.
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With over 250 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step, ensuring clear communication and a personalized defense strategy tailored to your unique situation.
Every case is reviewed by multiple attorneys, giving you the benefit of a team-based strategy. We analyze every piece of evidence, from crash reconstruction to toxicology reports, and tailor a legal defense specific to your circumstances. Our team meets regularly to develop the best approach to your case and ensure no detail is missed.
If you’ve been charged with vehicular homicide in Tennessee, the stakes couldn’t be higher. These cases often involve complex legal issues, emotional narratives, and scientific evidence—and the prosecution will pursue aggressive penalties, especially in DUI-related deaths.
At Barnes & Fersten, we approach these cases with the seriousness they deserve. Our defense strategy is based on early intervention, thorough investigation, and a deep understanding of both Tennessee criminal law and technical evidence like toxicology and crash reconstruction. Here are just some of the ways we build strong, case-specific defenses for our clients:
The prosecution must prove that your actions—whether it was intoxication, recklessness, or otherwise—directly caused the fatality. We work with accident reconstruction experts to determine:
Was the crash truly your fault?
Did another driver contribute or cause the collision?
Were there road conditions, weather issues, or mechanical failures?
If the State can’t prove causation beyond a reasonable doubt, the charges may not hold.
In DUI-related vehicular homicide cases, your blood or breath alcohol content (BAC) becomes a central issue. We investigate:
Was the stop or arrest lawful?
Were blood or breath tests conducted properly and within legal timelines?
Were field sobriety tests administered under fair and valid conditions?
If proper procedures weren’t followed or results are unreliable, we may file motions to suppress that evidence.
In non-DUI cases, the State must prove you acted with recklessness—a legal standard meaning you consciously disregarded a known risk. We may argue:
Your actions were negligent, but not criminally reckless
You were responding to an emergency or unexpected situation
There’s insufficient evidence that your driving rose to the level of a felony offense
Reducing the charge from a Class B or C felony to a misdemeanor or lower-level felony can make a life-changing difference in sentencing.
We scrutinize every aspect of your case to identify constitutional violations, such as:
Violations of your rights can lead to key evidence being thrown out—and in some cases, full dismissal.
Vehicular homicide charges often involve ordinary people in extraordinary, tragic situations. You’re not a criminal—you may have made a mistake or been involved in an unavoidable accident. We work to:
Present your background, character, and circumstances
Demonstrate personal accountability and a willingness to take constructive steps
Advocate for alternatives to lengthy prison sentences
In many cases, we negotiate favorable plea deals, including reduced charges or sentencing alternatives, especially when the facts support mitigation.
There’s no one-size-fits-all defense to a vehicular homicide charge. Our attorneys dig deep into the facts and take a team-based approach to evaluate every legal, factual, and scientific issue in your case. From hiring expert witnesses to challenging flawed evidence, we tailor your defense to maximize the chance of dismissal, reduction, or acquittal.
If you or someone you love has been charged with vehicular homicide in Tennessee, you can’t afford to wait. These cases can move quickly, and the penalties are severe—but the sooner our legal defense team gets involved, the more opportunities we have to protect your rights and build a strong defense.
At Barnes & Fersten, we understand how overwhelming this situation can be. That’s why we approach every case with the urgency it deserves and the compassion our clients need. Our team of experienced Knoxville criminal defense attorneys focuses exclusively on DUI and criminal cases, giving us the knowledge and resources to handle the most complex vehicular homicide charges.
From the moment you retain us, we begin working to protect your rights, challenge the prosecution’s case, and look for every opportunity to reduce or dismiss the charges against you. We know that behind every charge is a real person, often dealing with grief, fear, and uncertainty. We’re here to listen, advise, and fight—for your future, your family, and your freedom.
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