THE CRIME

Vehicular Homicide is a felony offense that can seriously damage your record and your
reputation. In Tennessee, a person may be convicted of the crime of Vehicular Homicide if the
state prosecutor proves beyond a reasonable doubt that the person recklessly killed another by
operating an automobile, airplane, vessel, or other motor vehicle, as the proximate result of:

1. Conduct creating a substantial risk of death or serious bodily injury to a person; or
2. The driver’s intoxication; or
3. Conduct constituting the offense of drag racing.
   

THE PENALTIES

Under Tennessee law, the crime of Vehicular Homicide may be a Class D Felony, Class C
Felony, or a Class B Felony, depending upon the facts of the case.

Where the driver’s reckless killing of another was a result of either (1) conduct creating
substantial risk of death or serious bodily injury or (2) drag racing, the Vehicular Homicide
penalty is increased to a Class C Felony and may result in some or all of the following
consequences:

1. A sentence of 3 to 15 years in prison;
2. A probationary period;
3. A fine of up to $10,000;
4. Loss of license; and
5. Court costs.

Where the driver’s reckless killing of another was a result of the driver’s intoxication, the
Vehicular Homicide penalty is increased to a Class B Felony and may result in some or all of the
following consequences:

1. A sentence of 8 to 30 years in prison, with no eligibility for probation;
2. A fine of up to $25,000;
3. Loss of license; and
4. Court costs.

[Sources: Tennessee Code Annotated §§ 39-13-213, 40-35-303]

OTHER CONSEQUENCES OF VEHICULAR HOMICIDE CONVICTION

In addition to the court-mandated penalties described above, a person convicted of Vehicular
Homicide may also experience serious collateral (other) consequences. A Tennessee Vehicular
Homicide conviction may result in the loss of college scholarships or the ability to seek
admission to a higher learning institution. A conviction may also impact one’s ability to maintain
or seek employment, and result in negative action to a professional license (e.g. nursing).
Furthermore, a conviction for Vehicular Homicide will ALWAYS stay on a person’s criminal
history, and current and future employers may access records of prior convictions. This means
that under current Tennessee criminal law and expungement law you may not erase or expunge a
Vehicular Homicide conviction from public record. Accordingly, current and future employers
may access records of Tennessee criminal convictions. For more information about Tennessee
expungement law, you may wish to review the information contained on our sister
website, http://www.eraseyourrecord.com/index.html.

WHY HIRE AN ATTORNEY IMMEDIATELY?

It is important to act quickly in order to gather and preserve favorable evidence. Key evidence
(faces, dates, events, and conversations) fades from memory over time. Certain witnesses need to
be interviewed as soon as possible. Also, video recordings and other evidence may be destroyed.
Therefore, it is critical to begin an investigation as soon as possible to ensure valuable evidence
is not lost. Success or failure in any criminal case may be determined in the decisions of the
defendant and his or her Tennessee Criminal Attorney in only a few hours or days after an arrest
is made.

CONTACT US TODAY

If you or someone you know has recently been arrested, contact the Oberman & Rice Law Firm
today so that we can begin preparing a defense for your case. Submit your information for a free
case evaluation from our Knoxville Vehicular Homicide attorneys or call our office at 865-249-
7200.