A DUI charge is serious on its own. When an accident involves injuries, the situation escalates quickly. Prosecutors may pursue felony charges, and the consequences can affect the rest of your life.
If you’ve been charged with vehicular assault in Nashville or anywhere in Middle Tennessee, you are facing far more than a standard DUI. You are facing prison exposure, long-term license revocation, and a permanent felony record.
The team at Herbert & Lux defends clients charged with DUI causing serious bodily injury, vehicular assault, and related felony offenses throughout Davidson County and surrounding communities.
What Is Vehicular Assault in Tennessee?
Under Tennessee law, vehicular assault occurs when someone is seriously injured as a result of a driver operating a vehicle while under the influence of alcohol or drugs.
This charge is typically filed when:
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A driver is accused of DUI
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An accident occurs
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Another person suffers serious bodily injury
“Serious bodily injury” has a specific legal meaning. It generally involves injuries that create a substantial risk of death, cause long-term impairment, or require significant medical treatment. Vehicular assault is charged as a Class D felony in Tennessee. That makes it far more serious than a misdemeanor DUI.
Penalties for Vehicular Assault
A conviction for vehicular assault carries severe penalties. Tennessee law provides for:
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2 to 12 years in prison
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Significant fines and court costs
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Driver’s license revocation for 1 to 5 years
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No eligibility for a restricted license during revocation
Unlike a standard DUI, this is not a short jail sentence. A felony conviction can result in years behind bars, depending on prior history and the facts of the case.
If the accident results in a fatality, prosecutors may pursue vehicular homicide charges, which carry even longer prison sentences. Cases involving injured or killed child passengers often trigger enhanced penalties. When facing charges of this magnitude, every decision matters.
How Prosecutors Build a Vehicular Assault Case
To secure a conviction for vehicular assault, the state must prove more than just impairment. Prosecutors must show:
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You were operating the vehicle
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You were under the influence of alcohol or drugs
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The alleged impairment caused the accident
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The accident caused serious bodily injury
Causation becomes a major issue in many cases. Just because a driver is accused of DUI does not automatically mean they caused the crash.
In some accidents, multiple vehicles are involved. In others, road conditions, weather, or the actions of another driver play a role. The prosecution must connect the alleged impairment directly to the injuries. That connection is not always as clear as it appears in the initial police report.
Challenging a DUI Accident with Injury Charge
Felony DUI cases demand a thorough review of the evidence.
The team at Herbert & Lux will examine:
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Whether the traffic stop was lawful
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Whether field sobriety tests were administered properly
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How blood or breath testing was conducted
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Whether testing equipment was maintained correctly
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Accident reconstruction evidence
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Medical documentation of the alleged injuries
Blood alcohol testing, in particular, can raise technical issues. Chain of custody errors, improper storage, or delays in testing can affect reliability.
In accident cases, reconstruction experts may be necessary to determine how the crash occurred and whether impairment actually caused the injuries. These cases are often more complex than they initially appear. A careful review can uncover weaknesses in the state’s theory.
The Long-Term Impact of a Felony DUI Conviction
A vehicular assault conviction affects more than your sentence.
A felony record can impact:
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Employment opportunities
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Professional licenses
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Firearm rights
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Housing applications
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Immigration status
Prison exposure is only one part of the equation. The long-term consequences of a felony conviction follow you long after a sentence is completed. Because of that, defending a vehicular assault charge requires a serious and strategic approach from the beginning.
Negotiation vs. Trial in Vehicular Assault Cases
Some felony DUI accident cases may involve negotiation. Others may require preparing for trial.
The right path depends on:
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The strength of the state’s evidence
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The severity of the injuries
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Your prior record
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Whether there are constitutional or evidentiary issues
The team at Herbert & Lux prepares every vehicular assault case as if it may go to trial. That preparation often strengthens your position during negotiations. You should never assume that the first offer from the state is the only outcome available.
Speak With Herbert & Lux About Your Vehicular Assault Charge
If you’ve been charged with vehicular assault, DUI causing serious injury, or vehicular homicide in Nashville or anywhere in Middle Tennessee, you are facing a high-stakes legal situation. The team at Herbert & Lux will review the evidence, examine how the investigation was handled, and explain your options clearly. We defend felony DUI and serious injury cases throughout Davidson County and surrounding areas. Contact Herbert & Lux to discuss your case and take the next step in protecting your future.
