When a moment of celebration turns into a tragedy involving the loss of life due to drunk driving, the consequences are grave and irreversible. Vehicular homicide in Tennessee is a complex legal area that necessitates legal understanding and defense. At the Law Office of Bryan Stephenson, we provide robust legal solutions to those facing such serious charges. This article delves into what vehicular homicide is, specific DUI vehicular homicide laws in Tennessee, penalties for the offense, and legal defenses.
Laws on DUI Vehicular Homicide in Tennessee
According to the Tennessee Code Annotated ยง 39-13-213(a)(2), vehicular homicide by intoxication (Class B felony) is defined as the killing of another individual resulting from the conduct involving a motor vehicle while intoxicated due to alcohol, drugs, or a combination that created a substantial risk of death or serious bodily injury to a person under circumstances demonstrating a depraved indifference to human life. This makes it distinct from non-intoxicated vehicular homicides, which could be charged under a different set of statutes.
Penalties for a DUI Vehicle Homicide
When convicted of a DUI vehicular homicide, which is a Class B felony in Tennessee, the consequences are both severe and long-lasting, affecting not just the accused but also their families.
- Imprisonment: A conviction can lead to a prison sentence ranging from 8 to 30 years. The length often depends on various factors such as prior criminal history, the specific circumstances of the case, and the quality of legal defense.
- Fines: Monetary penalties can be substantial, with fines reaching up to $25,000. This does not include potential civil suits from the victim’s family, which can further exacerbate financial strain.
- License Revocation: One of the most life-altering penalties is the permanent revocation of your driver’s license. While there is a possibility for restoration years later, the process is lengthy and involves strict requirements, often under supervised conditions.
Given the magnitude of these penalties, securing a competent and experienced Nashville TN DUI lawyer is not just recommended but essential.
Defenses in DUI Vehicle Homicide Cases
If you find yourself facing DUI vehicular homicide charges, it’s crucial to understand that legal defenses do exist. These defenses can be complex and require the skill and experience of a competent Nashville DUI lawyer to navigate. Here are some defense strategies that may be employed:
- Challenging the Accuracy of Sobriety Tests: One common defense is questioning the validity of the blood-alcohol content (BAC) tests that were administered. Factors like the time elapsed between the arrest and the test, the methodology used, or even the qualifications of the person administering the test can be grounds for challenge.
- Establishing Lack of Causation: A crucial component in a DUI vehicular homicide case is establishing a causal link between the DUI and the death. If the Nashville TN DUI lawyer can demonstrate that the death would have occurred irrespective of the accused’s DUI status, it may serve as a potent defense. For example, if the deceased was also found to be at fault this factor could be considered.
If you are facing DUI vehicular homicide charges, time is of the essence. Contact us today for a consultation. With Bryan Stephenson on by your side, you will have a dedicated and knowledgeable advocate fighting for your rights.