DUI with Injury Lawyer in Knoxville, TN

Knoxville, Tennessee Felony DUI Attorney

While most DUI charges in Tennessee are misdemeanors, you may face a felony charge if you caused an accident that left someone injured. Driving under the influence is illegal because there is the potential for someone to get hurt. Drunk drivers have slower reaction times, impaired judgment, and poor depth perception, making them more likely to cause an accident. Those who are pulled over before causing an accident have the advantage of being charged with a less serious crime, while those who do cause an accident that results in an injury can face very serious penalties.

The Baker Law Firm can provide effective legal representation if you have been charged with a DUI with injury. We will help you explore all of your options, from raising a defense and fighting for a not guilty verdict at trial to negotiating for a plea bargain that keeps any sentencing to a minimum.

Vehicular Assault Laws Explained

The crime of injuring someone else while driving under the influence is known as vehicular assault in Tennessee. Usually, the term "assault" refers to an intentional attack against someone else. Vehicular assault is almost always a complete accident. Most people who drive drunk never intended to hurt anyone and genuinely thought that they would make it home safely. Unfortunately, very bad accidents can happen in the blink of an eye when a driver is impaired by alcohol or drugs.

There are a few things the prosecution needs to prove to secure a conviction. First, the state will need to prove that you were in fact driving under the influence of alcohol or drugs. If you have a defense, such as being able to show that a blood or breath test was unreliable, this can help you avoid conviction for vehicular assault.

The prosecution also needs to prove that your intoxication is what caused the victim's injury. This element can sometimes be defeated by showing that even though you were intoxicated, you were not at fault for the accident or that the accident would have happened even if you were sober. For example, if a bicyclist who was not wearing reflective clothing abruptly cut in front of you, your lawyer may be able to show that your intoxication had nothing to do with his or her injuries.

The injury the victim suffered must also be considered a "serious bodily injury." While this is a fairly low standard - whiplash that resolves in a few days without treatment or significant bruising usually counts - not all injuries are considered serious enough to satisfy this requirement.

Finally, the state would have to prove that you acted recklessly, meaning that you ignored a substantial and unjustifiable risk of causing injury to another person.

Aggravated Vehicular Assault Charges

You might be charged with aggravated vehicular assault, a more serious felony, if you have at least two prior DUI convictions or any prior conviction for vehicular assault or vehicular homicide. Even if you do not have these priors, you could be charged with aggravated vehicular assault if your BAC was higher than 0.20 percent. Challenging your blood or breath test results may be the best way to fight back if this is the case.

Contact a DUI With Injury Lawyer in Knoxville, Tennessee

The Baker Law Firm will help you fight back against vehicular assault charges. To learn about your legal options, contact us at 865-200-4117 for a complimentary consultation.