Tennessee has amended the laws for DUI cases that involve a fatality. As of July 1, 2024, a conviction for vehicular homicide by intoxication means serving 100% of your sentence—no parole, no probation. In this guide, our DUI attorneys in Knoxville explain what’s changed, what prosecutors have to prove, and how the right defense can protect your future.
What is Vehicular Homicide in Tennessee?
Under Tennessee Code § 39-13-213, vehicular homicide applies when a person causes a fatal crash as a result of being under the influence of alcohol, drugs, or a combination of both. This charge is legally distinct from a standard DUI—it’s classified as a Class B felony, punishable by 8 to 30 years in prison, though most cases involving drivers with little or no prior felony record typically result in a sentencing range of 8 to 12 years.
However, not every fatal DUI crash results in a vehicular homicide conviction. For the charge to stick, prosecutors must prove three key elements:
- The driver was under the influence of drugs or alcohol;
- The accident resulted in someone’s death;
- Most importantly, the driver’s impairment was the proximate cause of that death.
It’s this last point—proximate cause—that creates room for legal defense. A skilled criminal defense attorney will investigate whether something other than the alleged impairment, such as the actions of another driver or a mechanical failure, may have actually caused the crash.
The 2024 Legal Change: No More Probation or Parole
On July 1, 2024, Tennessee enacted a major shift in how it punishes those convicted of vehicular homicide. Before this law took effect, individuals convicted of vehicular homicide could be eligible for parole or probation, depending on their criminal history and the facts of the case. In some situations, a defendant could serve a portion of their sentence in prison and the remainder under supervision in the community. Judges had more discretion, and defense attorneys had more room to negotiate favorable outcomes.
However, that’s no longer the case. Under the new law, anyone convicted of vehicular homicide involving impairment must serve 100% of their prison sentence with no eligibility for early release. That means if a defendant receives an 8-year sentence, they will spend 8 full years behind bars—no parole, no probation, and no credits for good behavior.
But while the law has changed, the burden of proof remains the same. Prosecutors still have to prove not only that the defendant was impaired, but that the impairment directly caused the accident and resulting death. That’s where an experienced defense team can make a critical difference—by challenging the state’s evidence and working to reduce or dismiss the charges altogether.
Proving Vehicular Homicide: More Than Just a DUI
To convict someone of vehicular homicide, the prosecution must prove more than just driving under the influence. They must establish beyond a reasonable doubt that the defendant was under the influence of drugs or alcohol, someone died as a result of the crash, and most critically—the impairment was the proximate cause of the victim’s death.
As stated earlier, proximate cause is where many DUI fatality cases hinge. It’s not enough to show that the driver was impaired and someone died. The State must prove a direct link between the impairment and the fatal accident.
For example, if the other driver ran a red light, was speeding, or veered into oncoming traffic, that may have been the actual cause of the crash—even if the defendant was impaired. In those situations, the defense may be able to argue that something other than impairment caused the death, and therefore, the elements of vehicular homicide are not fully met.
This distinction opens the door to several powerful legal defenses, from questioning the reliability of field sobriety or chemical tests, to raising doubt about fault in the crash or the actual cause of death.
Common Defenses to Vehicular Homicide Charges
When facing a charge as serious as vehicular homicide in Tennessee, your defense strategy can make all the difference. While every case is unique, there are several key defenses that can challenge the State’s case and protect your freedom:
Challenging Impairment
The prosecution must prove beyond a reasonable doubt that you were impaired at the time of the crash. At Barnes & Fersten, our first step is always to evaluate whether the evidence supports that claim. Defenses may include:
- Lack of visible signs of impairment (slurred speech, bloodshot eyes, poor balance)
- Improperly administered or unreliable field sobriety tests
- Faulty or inconclusive chemical test results (breath, blood, or urine)
- Legal explanations for impairment-like symptoms (medical conditions, fatigue, prescription medications)
In cases involving marijuana or prescription drugs, the prosecution’s burden is even higher—they must show not just presence in the system, but actual impairment at the time of the crash.
Lack of Fault in the Accident
Even if the State proves impairment, they must also prove that your impairment caused the accident. If another party caused the crash—or the evidence doesn’t clearly show who was at fault—this can be a powerful defense in your case.
Our attorneys bring in accident reconstruction experts and recover black box data from the vehicles involved. These digital records can reveal critical information like:
- Vehicle speed
- Brake application
- Steering input
- Sudden maneuvers
If that data suggests your vehicle was operated safely—or that the other driver made an error—it may support a “lack of causation” defense, potentially resulting in a reduction or dismissal of the charge.
Mechanical Failure
Sometimes accidents are the result of issues completely out of the driver’s control. A sudden mechanical failure—such as brake failure or a steering defect—can cause a serious crash even if the driver is sober and alert.
If there’s any indication that a vehicle malfunction may have contributed to the collision, we work with mechanical experts to investigate and, if appropriate, present this as a defense to the jury.
Disputing the Proximate Cause of Death
Even in cases where impairment and fault seem clear, the cause of death may still be open to challenge. For instance, if the victim survived the crash but later died due to unrelated complications (infection, pre-existing conditions, or medical error), this could raise reasonable doubt about whether the accident directly caused the death.
We work closely with medical experts to review autopsy reports and medical records to evaluate whether the fatality was truly the result of the crash—or if other contributing factors weaken the State’s case.
Is Probation Ever an Option In Vehicular Homicide Cases?
Under Tennessee’s new law, the answer is no. If you are convicted of vehicular homicide, you are not eligible for parole or probation. As of July 1, 2024, the law requires that the entire sentence be served at 100% in prison. There is no early release, no credit for good behavior, and no judicial discretion to suspend the sentence. But that doesn’t mean all hope is lost.
Probation may still be an option—but only if your attorney can either negotiate a reduction in charges or convince a jury to convict on a lesser offense. Depending on the circumstances of your case, this could include:
- Reckless Homicide: Charged when someone acts recklessly and causes a death, but without proving intoxication as the cause. This is a Class D felony, which does not carry mandatory prison time, and may be eligible for probation.
- Criminally Negligent Homicide: Involves death caused by criminal negligence rather than reckless or impaired behavior. Also a lower-level felony that may qualify for alternative sentencing.
- Vehicular Assault: If the evidence shows that someone was injured rather than killed—or if there’s doubt about whether the death was directly caused by the crash—prosecutors may agree to a plea to vehicular assault, which also allows for probation in some cases.
In each of these scenarios, the key is creating doubt about impairment, fault, or proximate cause of death. A skilled vehicular homicide attorney will investigate every angle, work with expert witnesses, and use the facts of your case to fight for a result that keeps you out of prison—or at least avoids the mandatory minimums.
The Right Defense Can Change Everything
A vehicular homicide charge in Tennessee is one of the most serious allegations you can face—and with the new 2024 law, your freedom is truly on the line. But it is essential to remember: a charge is not a conviction. The prosecution still must prove impairment, fault, and that the driver’s impairment caused the death beyond a reasonable doubt.
At Barnes & Fersten, our team of experienced criminal defense attorneys knows how to challenge these complex cases from every angle. From dissecting the prosecution’s evidence to using expert witnesses and vehicle data, we build aggressive, strategic defenses designed to protect your future.
Don’t wait. Time is critical in these cases, especially when evidence can be lost or destroyed. If you or a loved one has been charged with vehicular homicide or is under investigation, contact us today for a free and confidential consultation.
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, Roane County, Anderson County, and Cumberland County.
