Drinking & Driving

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By David Peel

Drunk drivers needlessly cause terrible injuries and loss of life at a far greater rate than sober motorists.   Remember, if you drink and drive and are involved in an injury crash, you can be charged regardless of fault. 

Vehicular Assault: 

TN Code § 39-13-106 (2021)

A person commits vehicular assault who, as the proximate result of the person’s intoxication as set forth in § 55-10-401, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-411(a), [.08% BAC] drug intoxication, or both. 

1. Vehicular assault is a Class D felony

2. Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. 

Penalties only increase with multiple prior convictions and can lead to Aggravated Vehicular Assault. 

If anyone dies, you can be charged with vehicular homicide or even aggravated vehicular homicide. 

When I sue drunk drivers, and sometimes even the bar that over-served them, they are almost always being deposed from their jail. 

Please do not drink and drive. It’s selfish, reckless and very dangerous to you and others.

Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

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