Tennessee Code Annotated

Tenn. Code Ann. § 39-13-218 (2026)

Aggravated vehicular homicide

✓ current as of May 2026

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(a) Aggravated vehicular homicide is vehicular homicide, as defined in § 39-13-213(a)(2), where:
- (1) The defendant has two (2) or more prior convictions for:
  - (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a);
  - (B) Vehicular assault; or
  - (C) Any combination of such offenses;
- (2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
- (3) There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
  - (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a); or
  - (B) Vehicular assault.

(b)
- (1) As used in this section, unless the context otherwise requires, "prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996.
- (2) "Prior conviction" includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a).

(c) If the defendant is charged with aggravated vehicular homicide, the indictment, in a separate count, shall specify, charge and give notice of the required prior conviction or convictions. If the defendant is convicted of vehicular homicide under § 39-13-213(a)(2), the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration necessary to constitute the offense of aggravated vehicular homicide. If the jury convicts the defendant of aggravated vehicular homicide, the court shall pronounce judgment and sentence the defendant from within the felony classification set out in subsection (d).

(d) Aggravated vehicular homicide is a Class A felony.

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

Acts 1996, ch. 902, § 1.

Notes of Decisions

Cited in 50 cases (3 in the last 5 years), 1998–2025 · leading case: State of Tennessee v. Chad E. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017).

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State of Tennessee v. Chad E. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017). · cites it 2× “ests 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 combination of alcohol, drugs,…”

State v. Collins, 166 S.W.3d 721 (Tenn. 2005). “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 privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular…”

State v. Bowman, 327 S.W.3d 69 (Tenn. Crim. App. 2009). “*98 § 39-13-218(a)(3)(A) (2003). As stated above, the parties stipulated to most of the elements of the offenses; hence, the only issue here is whether the evidence was sufficient to establish beyond a reasonable doubt that the defendant was driving at the time of the accident.”

State of Tennessee v. Michael A. Drake (Tenn. Crim. App. 2004). · cites it 18× “Tenn. Code Ann. § 39-13-218 . -3- The appellant objected to the inclusion of section (3), arguing that the indictment had only charged the appellant with aggravated vehicular homicide under section (1)(a), that he had two prior DUI convictions.”

State of Tennessee v. Zacheriah Holden (Tenn. Crim. App. 2013). · cites it 16× “See Tenn. Code Ann. § 39-13-218 (a)(1)-(3) (1997).”

State of Tennessee v. Pierre Jackson (Tenn. Crim. App. 2008). · cites it 10× “1 See Tenn. Code Ann. § 39-13-218 (c) (“If the defendant is convicted of vehicular homicide under § 39-13- 213(a)(2), the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration…”

Melvin Cofer v. State of Tennessee (Tenn. Crim. App. 2007). · cites it 8× “” Tenn. Code Ann. § 39-13-218 (c). Count two of the indictment listed two prior DUI offenses committed by the petitioner.”

State of Tennessee v. Daniel Blake (Tenn. Crim. App. 2005). · cites it 7× “” Tenn. Code Ann. § 39-13-218 (a)(3)(A) (2003).”

State of Tennessee v. Richard Faulk (Tenn. Crim. App. 2025). · cites it 4× “]” Tenn. Code Ann. § 39-13-218 (a)(1)(A), (a)(3)(A) (2016).”

State of Tennessee v. Tammy Hart (Tenn. Crim. App. 2003). · cites it 6× “See Tenn. Code Ann. § 39-13-218 (c). Tennessee Code Annotated section 39-13-213(a)(2) defines vehicular homicide as “the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle .”

State of Tennessee v. Donald W. Branch (Tenn. Crim. App. 2002). · cites it 6× “§ 55 - 50-504, a Class B misdemeanor, and two counts of aggravated vehicular homicide, Tenn. Code Ann. § 39-13-218 (a)(3), a Class A felony.”

State of Tennessee v. Dennis Sprawling (Tenn. Crim. App. 2016). · cites it 3× “sts 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 combination of alcohol, drugs,…”

Show all 50 citing cases →

— Tenn. Code Ann. § 39-13-218(1)(a) — 1 case

State of Tennessee v. Michael A. Drake (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-13-218 . -3- The appellant objected to the inclusion of section (3), arguing that the indictment had only charged the appellant with aggravated vehicular homicide under section (1)(a), that he had two prior DUI convictions.”

— Tenn. Code Ann. § 39-13-218(C) — 1 case

State of Tennessee v. Ian Zraik McClellan (Tenn. Crim. App. 2012).

— Tenn. Code Ann. § 39-13-218(a) — 1 case

State of Tennessee v. Pierre Jackson (Tenn. Crim. App. 2008). “1 See Tenn. Code Ann. § 39-13-218 (c) (“If the defendant is convicted of vehicular homicide under § 39-13- 213(a)(2), the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration…”

— Tenn. Code Ann. § 39-13-218(a)(1) — 3 cases

Thomas Len Proffitt v. Howard Carlton, Warden, & the State of Tennessee (Tenn. Crim. App. 2007).

— Tenn. Code Ann. § 39-13-218(a)(1)(A) — 2 cases

State of Tennessee v. Terry Lee McAnulty (Tenn. Crim. App. 2022).

State of Tennessee v. Thomas Len Profitt, Alias (Tenn. Crim. App. 2004).

— Tenn. Code Ann. § 39-13-218(a)(3)(A) — 4 cases

State of Tennessee v. Julio Villasana (Tenn. Crim. App. 2008).

State of Tennessee v. Daniel Blake (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 39-13-218 (a)(3)(A) (2003).”

State of Tennessee v. Daniel Blake (Tenn. Crim. App. 2005).

— Tenn. Code Ann. § 39-13-218(b)(1) — 1 case

Thomas Len Proffitt v. Howard Carlton, Warden, & the State of Tennessee (Tenn. Crim. App. 2007).

— Tenn. Code Ann. § 39-13-218(c) — 3 cases

State of Tennessee v. Zacheriah Holden (Tenn. Crim. App. 2013). “See Tenn. Code Ann. § 39-13-218 (a)(1)-(3) (1997).”

State of Tennessee v. Daniel Blake (Tenn. Crim. App. 2005). “” Tenn. Code Ann. § 39-13-218 (a)(3)(A) (2003).”

State of Tennessee v. Daniel Blake (Tenn. Crim. App. 2005).

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