If you are charged with a DUI involving an accident or injury, the penalties can have a severe impact on your life. However, Herbert & Lux can guide you through the legal process, provide support and advocacy for your rights, and help you negotiate a plea deal or get a fair trial to achieve the best possible outcome.
In Tennessee, getting involved in an accident due to driving under the influence (DUI) can lead to serious charges, especially if the accident resulted in serious injury to others, which is known as vehicular assault.
Vehicular assault is a Class D felony, carrying the following penalties:
- 2-12 years of mandatory jail time
- Fines and court costs
- Revoked license for 1-5 years according to number of prior offenses
- No option for a restricted driver license
If a passenger is killed as a result of the accident, you might face charges of vehicular homicide, which carries more severe penalties. Additionally, there are often increased penalties if a child passenger was injured or killed in an accident caused by drinking and driving.
Defenses Against DUI with Accident or Injury
One strategy your defense lawyer might employ is to challenge the DUI charge, arguing for a dismissal or reduced charges based on the facts of the case. In vehicular assault cases, the prosecution must prove beyond a reasonable doubt that the injuries to the victim were the result of the driver's DUI. The attorneys at Hebert & Lux attorneys will analyze the evidence, witness statements, and other factors to build a strong case on your behalf.
Another strategy may be to analyze if the investigation by the police was conducted properly, to ensure your constitutional rights were respected during the arrest and evidence was obtained legally. Blood alcohol content levels, for example, are vulnerable to defects and errors, and if the levels were obtained irregularly, the test results could be challenged in court.
Contact Herbert & Lux Now
If you have been charged with a DUI with an accident or injury, contact Herbert & Lux today. We are experienced in DUI law and will make sure you are treated fairly throughout the process. We will work hard to ensure you are aware of any potential defenses you may have and make sure your rights are protected. Call now for a free consultation: (615) 878-5537.