(a) As used in this section, “prior conviction” means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C felony3 to 15 yearsup to $10,000
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-13-115

  • Conviction: A judgement of guilt against a criminal defendant.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A person commits aggravated vehicular assault who:

(1)

(A) Commits vehicular assault, as defined in § 39-13-106; and
(B)

(i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a); or
(ii) Has one (1) or more prior convictions for:

(a) Vehicular assault;
(b) Vehicular homicide, as defined in § 39-13-213(a)(2); or
(c) Aggravated vehicular homicide, as defined in § 39-13-218; or
(2)

(A) Had an alcohol concentration in the person’s blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and
(B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a).
(c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106, the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault.
(d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015.
(e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).
(f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c).
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