(a) A person commits vehicular assault who, as the proximate result of the person’s intoxication as set forth in § 55-10-401 or § 69-9-219(a), recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-411(a), drug intoxication, or both.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class D felony2 to 12 yearsup to $5,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-13-106

  • Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See Tennessee Code 39-11-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b)

(1) Vehicular assault is a Class D felony.
(2) Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence.
(3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence.
(4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence.
(5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence.
(6) As used in this subsection (b), “alcohol-related offense” means a conviction for a violation of § 55-10-401, § 69-9-219(a), this section, § 39-13-213(a)(2), or § 39-13-218.
(7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
(c) Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle or operating a vessel subject to registration in this state for a period of five (5) years.
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