Getting arrested for a driving under the influence (DUI) offense can be a humbling experience. Some people get pulled over by police officers because of how they drive. Others get arrested at the scene of a collision.
Chemical testing after car crashes is relatively common. Even if a driver wasn’t technically at fault for a crash, they could face prosecution if they fail the chemical test a police officer administers. DUI charges can lead to incarceration, fines and a driver’s license suspension.
Quite a few drivers choose to plead guilty to DUI charges because they think doing so is the simplest solution. However, sometimes the situation changes after the initial arrest. The other party involved in the crash might succumb to their injuries and die. At that point, the state might upgrade the DUI charges against the driver to vehicular homicide charges.
Vehicular homicide is a felony
Depending on the situation, a DUI might be either a misdemeanor or felony offense. The history of the driver, the degree of their intoxication and the involvement of other people can all influence the type of DUI charges that prosecutors bring. Vehicular homicide is a felony offense.
Under Tennessee state law, vehicular homicide charges are possible when people cause the death of another person through reckless conduct or chemical intoxication while driving. Many cases of vehicular homicide are Class C felonies, but the state upgrades the charges when the driver accused was under the influence.
The motorist could face Class B felony charges. The state can also increase the penalties if the person accused has prior alcohol offenses on their criminal record. The exact penalties can be different from one case to the next depending on the driver’s history and other key factors.
Harsher charges require more evidence
Tennessee prosecutors tend to bring the most severe charges they can justify based on the available evidence. Prosecutors have to establish beyond a reasonable doubt that a defendant broke the law. In cases involving vehicular homicide, they need compelling evidence that a driver was under the influence and that their impairment was the proximate cause of someone else dying in traffic.
There may be several viable defense strategies available to those facing vehicular homicide charges based on claims of intoxication. Fighting serious charges requires careful preparation but can help people avoid potentially life-altering consequences.
