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Vehicular Homicide

Under Tennessee law, vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
  1. Conduct creating a substantial risk of death or serious bodily injury to a person.
  2. Conduct constituting the offense of drag racing.
  3. The driver’s intoxication.  Intoxication includes both drugs and alcohol.

Vehicular homicide under sections 1 and 2 are a Class C Felony.

Vehicular homicide under section 3 is a Class B Felony.

Vehicular homicide can be elevated to a Class A Felony (Aggravated Vehicular Homicide) if the above definition is met coupled with:

  1. The defendant has two or more prior convictions for: DUI, Vehicular Assault, or a combination of the two.
  2. The defendant has one or more prior convictions for the offense of homicide.
  3. There was, at the time of the offense, .20% or more, by weight of alcohol in the defendant’s blood and the defendant has one prior conviction for (a) dui or (b) vehicular assault.