Tennessee Code Annotated
Tenn. Code Ann. § 39-13-106 (2026)
Vehicular assault
✓ current as of May 2026
- (a) A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401 or § 69-9-219(a), recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a), drug intoxication, or both.
- (b)
- (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. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence.
- (3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence.
- (4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence.
- (5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence.
- (6) As used in this subsection (b), "alcohol-related offense" means a conviction for a violation of § 55-10-401, § 69-9-219(a), this section, § 39-13-213(a)(2), or § 39-13-218.
- (7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
- (c) Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle or operating a vessel subject to registration in this state for a period of five (5) years.
Amended by 2021 Tenn. Acts, ch. 434, s 3, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 125, s 2, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154, s 49, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 14; 1999, ch. 368, § 1.
Notes of Decisions
Cited in 80
cases (8 in the last 5 years), 1992–2025 · leading case: State v. Norris, 874 S.W.2d 590 (Tenn. Crim. App. 1993).
State v. Norris, 874 S.W.2d 590 (Tenn. Crim. App. 1993). “§ 39-13-213); vehicular assault by intoxication, (T.C.A. § 39-13-106); and aggravated assault by reckless conduct, (T.”
State of Tennessee v. Corrin Kathleen Reynolds, 504 S.W.3d 283 (Tenn. 2016). “§ 39-13-106 (2010), one count of reckless endangerment, id.”
State v. Rhodes, 917 S.W.2d 708 (Tenn. Crim. App. 1995). “See T.C.A. § 39-13-106. In effect, the defendant is claiming that the prohibition provided in T.”
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 39-13-106(a). The evidence adduced at the trial established beyond a reasonable doubt that Jost was guilty of both vehicular homicide and vehicular assault.”
State v. Bowman, 327 S.W.3d 69 (Tenn. Crim. App. 2009). “” Tenn.Code Ann. § 39-13-106 (2003); see also Tenn.”
State of Tennessee v. Barry H. Hogg, 448 S.W.3d 877 (Tenn. 2014). “2013), seven counts of criminal exposure of another to HIV, Tenn.Code Ann. § 39-13-109 (2010 & Supp.2013), and six counts of aggravated statutory rape, Tenn.”
State v. Irick, 861 S.W.2d 375 (Tenn. Crim. App. 1993). “T.C.A. § 39-13-106. 3 . Such appeals are reviewed de novo with a 401(d).”
United States v. Mendoza-Mendoza, 239 F. App'x 216 (6th Cir. 2007). “Relying on these cases, the Portela court held that a conviction for vehicular assault under Tennessee law, see Tenn.Code Ann. § 39-13-106(a), was not a “crime of violence” under § 16, because the offense prescribed a mens rea of mere recklessness.”
State of Tennessee v. Chad E. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017). “However, no such test or tests may be administered pursuant to this section unless conducted at the direction of a law enforcement officer having reasonable grounds to believe the person was driving while under the influence of alcohol, a drug, any other intoxicant or any…”
State v. Collins, 166 S.W.3d 721 (Tenn. 2005). “blood shall, prior to conducting such test, advise the driver that refusal, to submit to such test will result in the suspension of the driver’s operator’s license by the court and, if such driver is driving on a revoked, suspended or can-celled license, when the person’s…”
State v. Burdine, 888 S.W.2d 463 (Tenn. Crim. App. 1994). “Tenn.Code Ann. § 39-13-106 (1991). . Vehicular homicide can occur in two ways.”
State v. Kyte, 874 S.W.2d 631 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 39-13-106; § 40-35-112(a).”
— Tenn. Code Ann. § 39-13-106(2) — 1 case
State of Tennessee v. Joseph A. Hale (Tenn. Crim. App. 2009).
— Tenn. Code Ann. § 39-13-106(a) — 12 cases
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 39-13-106(a). The evidence adduced at the trial established beyond a reasonable doubt that Jost was guilty of both vehicular homicide and vehicular assault.”
United States v. Mendoza-Mendoza, 239 F. App'x 216 (6th Cir. 2007). “Relying on these cases, the Portela court held that a conviction for vehicular assault under Tennessee law, see Tenn.Code Ann. § 39-13-106(a), was not a “crime of violence” under § 16, because the offense prescribed a mens rea of mere recklessness.”
State v. Rhodes, 917 S.W.2d 708 (Tenn. Crim. App. 1995). “See T.C.A. § 39-13-106. In effect, the defendant is claiming that the prohibition provided in T.”
State of Tennessee v. Steve William Pollock (Tenn. Crim. App. 2012).
State of Tennessee v. William George Soller, Jr. (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-13-106(a)(34)(C) — 1 case
State of Tennessee v. Steven Dare Steelman, Jr. (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 39-13-106(a)(5) — 1 case
State of Tennessee v. Daniel Hickman (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-13-106(a)(5)(B) — 1 case
State of Tennessee v. Lawrence D. Ralph, Jr. (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-13-106(b) — 1 case
State v. Lawrence Webb (Tenn. Crim. App. 1999).
— Tenn. Code Ann. § 39-13-106(b)(2) — 1 case
State of Tennessee v. Johnny David Key (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 39-13-106(b)(5) — 1 case
State of Tennessee v. William Jesse Clouse (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 39-13-106(c) — 3 cases
State of Tennessee v. Barry H. Hogg, 448 S.W.3d 877 (Tenn. 2014). “2013), seven counts of criminal exposure of another to HIV, Tenn.Code Ann. § 39-13-109 (2010 & Supp.2013), and six counts of aggravated statutory rape, Tenn.”
State of Tennessee v. Tony A. Pitts (Tenn. Crim. App. 2010).
State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018).
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