DUI Accident With Injury

Driving under the influence (DUI) of alcohol or drugs can result in unintended consequences. In Tennessee, a drunk driving accident that causes injuries to a passenger, pedestrian, or another individual usually triggers serious criminal charges for the DUI driver. Moreover, a conviction is subject to enhanced penalties for a DUI accident with injury. Nashville DUI lawyer Bernie McEvoy is experienced at handling felony DUI cases throughout Davidson and Williamson County. He can evaluate the evidence and devise a strategy to help you fight a DUI charge.

It is illegal to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of both alcohol and drugs. In Tennessee, a DUI offense that involves certain aggravating factors may constitute a more serious crime. A DUI accident with injury may trigger enhanced penalties or, depending on the alleged circumstances, elevate the charge to vehicular assault. The following provides an overview of vehicular assault and other Tennessee criminal offenses that may arise in DUI cases with injuries.

Alleged drunk drivers can face vehicular assault charges for personal injuries caused by car accidents. A driver commits vehicular assault in Tennessee when recklessly causing another person to suffer serious bodily injury due to the driver’s alcohol or drug intoxication. To secure a conviction, the prosecution must prove the defendant drove a motor vehicle under the influence of drugs or alcohol, someone suffered a serious bodily injury by the defendant’s operation of a vehicle, and that the injury was the proximate result of the defendant’s intoxication. The prosecution must also prove that the defendant acted recklessly, meaning that the defendant consciously disregarded a substantial and unjustifiable risk of injury. Vehicular assault is a Class D felony. Defending against the charges is crucial to avoid a conviction, which typically mandates a minimum sentence of incarceration.

If the driver was previously convicted for drug or alcohol-related offenses, vehicular assault may be elevated to aggravated vehicular assault. Aggravated vehicular assault applies when a person commits vehicular assault and was previously convicted of either vehicular assault or vehicular homicide, or at least two prior DUI offenses. A defendant with only one prior DUI conviction may be charged for aggravated vehicular assault if their blood alcohol content was 0.20% or higher at the time of the accident. As a Class C felony, aggravated vehicular assault may carry enhanced penalties, including mandatory minimum sentences.

When a DUI accident causes an injury to a child passenger, the driver may face charges for vehicular assault with enhanced penalties upon conviction. The prosecution must prove that the driver was accompanied by a minor under 18 years old at the time of the offense, and that the child suffered a serious bodily injury as the proximate result of the defendant’s driving under the influence. However, the prosecution does not have to prove that the defendant acted recklessly to get a conviction for vehicular assault. The penalties upon conviction are generally in line with simple vehicular assault, but the defendant may be subject to a longer mandatory minimum sentence of incarceration.

Defending against the charges with the help of a skilled attorney can have a significant impact on the outcome of a DUI case. Tennessee lawyer Bernie McEvoy has the experience to defend against any criminal allegations arising out of a DUI accident with injury. He can assist residents of Nashville and Franklin, as well as people located in other parts of Williamson and Davidson Counties. Contact the Law Office of Bernie McEvoy to arrange a free consultation about your DUI case or any other criminal matter. We are available by phone during business hours at (615) 255-9595 and (615) 804-8779 on nights and weekends, or contact us online at any time.