Tennessee's Vehicular Homicide Laws and Penalties

In Tennessee, causing the death of another person while behind the wheel can lead to serious criminal charges. This article covers Tennessee's vehicular homicide laws and the penalties you'll face for a conviction.

How Does Tennessee Define Vehicular Homicide?

Tennessee defines "vehicular homicide" as recklessly killing another person by driving:

• in a manner that creates a substantial risk of death or "serious bodily injury" to another person
• while intoxicated by drugs or alcohol in violation of Tennessee's DUI laws
• in a street or drag race, or
• in a posted construction zone (when the victim is a state department of transportation employee or highway construction worker).

(Tenn. Code § 39-13-213 (2026).)

These four categories are all considered vehicular homicide but carry different penalties (see below).

How the Vehicular Homicide Laws Define Recklessness

For purposes of Tennessee's vehicular homicide law, a motorist acts recklessly by knowingly doing something that poses a "substantial and unjustifiable risk" to others. In other words, the person is aware of but disregards the risk. And the risk must be a gross deviation from the standard of care that a reasonable person would use under the same circumstances. (Tenn. Code § 39-11-106 (2026).)

How "Intoxication" Is Defined

For purposes of Tennessee's vehicular homicide law, "intoxicated" means:

• the drugs or alcohol ingested impair the motorist's ability to safely operate a motor vehicle, or
• the motorist has a blood alcohol concentration (BAC) of .08% or greater.

(Tenn. Code § 55-10-401 (2026).)

In other words, intoxication can be based on actual impairment or BAC.

Vehicular Homicide Requires Proof of "Causation"

A driver can be convicted of vehicular homicide only if there's proof that the driver was a legal cause of the death. It's not enough to merely show the defendant drove recklessly and someone died—there needs to be a direct link between the defendant's driving and the death.

Vehicular Homicide Penalties

The consequences of a vehicular homicide conviction depend on the circumstances, including the category. However, the possible penalties for each classification of offense are described below.

Penalties for Vehicular Homicide Involving Reckless Driving

A vehicular homicide conviction that's based on driving in a manner that creates a substantial risk of death or serious injury is a class C felony. A class C felony carries 3 to 15 years in prison and up to $10,000 in fines. (Tenn. Code §§ 39-13-213, 40-35-111 (2026).)

Penalties for Vehicular Homicide Involving Street Racing

Vehicular homicide related to street racing is a class C felony. (See penalties above.) (Tenn. Code §§ 39-13-213, 40-35-111 (2026).)

Penalties for Vehicular Homicide in a Construction Zone

A vehicular homicide offense based on a construction zone death is a class D felony. Convicted motorists face 2 to 12 years in prison and up to $5,000 in fines. (Tenn. Code §§ 39-13-213, 40-35-111 (2026).)

Penalties for Vehicular Homicide Involving Intoxication

Vehicular homicide involving intoxication is a class B felony. Generally, class B felonies carry 8 to 30 years in prison and up to $25,000 in fines. Additionally, a driver convicted of vehicular homicide by intoxication will face mandatory minimum prison terms. The mandatory terms increase when the driver has priors for vehicular homicide by intoxication, DUI, vehicular assault, or aggravated vehicular homicide. The mandatory prison terms are:

• No prior alcohol-related offenses: 48 consecutive hours minimum
• One prior alcohol-related offense: 45 consecutive days minimum
• Two prior alcohol-related offenses: 120 consecutive days minimum
• Three or more prior alcohol-related offenses: 150 consecutive days minimum

(Tenn. Code §§ 39-13-213, 40-35-111 (2026).)

License Revocation for Vehicular Homicide Convictions

Prison time and fines aren't the only penalties for vehicular homicide in Tennessee. All vehicular homicide convictions result in a license suspension of 3 to 10 years. (Tenn. Code § 39-13-213 (2026).)

Aggravated Vehicular Homicide Law and Penalties

A motorist who kills someone while intoxicated can be convicted of aggravated vehicular homicide if the motorist:

• has two or more prior DUI, boating under the influence (BUI), or vehicular assault convictions
• has a combination of convictions for at least two of the above offenses
• has one or more prior vehicular homicide convictions, or
• had a BAC of .15% or more at the time of the offense and has one prior conviction for DUI, BUI, or vehicular assault.

(Tenn. Code § 39-13-218 (2026).)

Aggravated vehicular homicide is a class A felony and carries 15 to 60 years in prison and up to $50,000 in fines. (Tenn. Code §§ 39-13-218, 40-35-111 (2026).)

Getting Help From a Criminal Defense Attorney

Vehicular homicide is a serious crime that can result in a long prison sentence. If you've been arrested for vehicular homicide—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.