Tennessee Code Annotated

Tenn. Code Ann. § 39-13-115 (2026)

Aggravated vehicular assault

✓ current as of May 2026

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(a) As used in this section, "prior conviction" means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years.

(b) A person commits aggravated vehicular assault who:
- (1)
  - (A) Commits vehicular assault, as defined in § 39-13-106; and
  - (B)
    - (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a); or
    - (ii) Has one (1) or more prior convictions for:
      - (a) Vehicular assault;
      - (b) Vehicular homicide, as defined in § 39-13-213(a)(2); or
      - (c) Aggravated vehicular homicide, as defined in § 39-13-218; or
- (2)
  - (A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and
  - (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a).

(c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106, the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault.

(d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015.

(e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).

(f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c).

Amended by 2021 Tenn. Acts, ch. 434, s 5, eff. 7/1/2021.

Amended by 2021 Tenn. Acts, ch. 434, s 4, eff. 7/1/2021.

Amended by 2019 Tenn. Acts, ch. 486, s 2, eff. 7/1/2019.

Amended by 2019 Tenn. Acts, ch. 486, s 1, eff. 7/1/2019.

Added by 2015 Tenn. Acts, ch. 477, s 1, eff. 7/1/2015.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2018–2026 · leading case: State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018).

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State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018). · cites it 4× “T.C.A. § 39-13-115(b), (f) (defining aggravated vehicular assault and providing that “[u]pon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle in this state pursuant to § 39-13-106(c) [the vehicular assault…”

State of Tennessee v. Bianca Renee Bankston (Tenn. Crim. App. 2025). · cites it 2× “T.C.A. §§ 39-13-115(b)(2), (e) -6- (aggravated vehicular assault as a Class C felony); 40-35-112(a)(3) (Range I sentence for a Class C felony is three to six years).”

Solomon (M.D. Tenn. 2026). · cites it 2× “See T.C.A. §§ 39-13-115(b)(1), (e); 39-13-218(a)(1), (d); 55-10-101(a), (b)(2)(A).”

State of Tennessee v. Robert Allison Franklin (Tenn. Crim. App. 2018). “costs, and punishments now prescribed by law, including the fee imposed pursuant to subsection (d), a blood alcohol or drug concentration test (BADT) fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction for driving under the influence of an…”

State of Tennessee v. Christopher Bernard Simmons (Tenn. Ct. App. 2018). “probable cause to believe that the operator of a motor vehicle is driving while under the influence of any intoxicant, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof as prohibited by § 55-10-401,…”

— Tenn. Code Ann. § 39-13-115(b) — 1 case

State of Tennessee v. Christopher C. Solomon (Tenn. Crim. App. 2018). “T.C.A. § 39-13-115(b), (f) (defining aggravated vehicular assault and providing that “[u]pon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle in this state pursuant to § 39-13-106(c) [the vehicular assault…”

— Tenn. Code Ann. § 39-13-115(b)(1) — 2 cases

Solomon (M.D. Tenn. 2026). “See T.C.A. §§ 39-13-115(b)(1), (e); 39-13-218(a)(1), (d); 55-10-101(a), (b)(2)(A).”

— Tenn. Code Ann. § 39-13-115(b)(2) — 1 case

State of Tennessee v. Bianca Renee Bankston (Tenn. Crim. App. 2025). “T.C.A. §§ 39-13-115(b)(2), (e) -6- (aggravated vehicular assault as a Class C felony); 40-35-112(a)(3) (Range I sentence for a Class C felony is three to six years).”

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