Vehicular Assault vs. DUI in Tennessee: What Is the Difference?

Kylene Ross

Oct 1

4 min read

DUI is driving while impaired or with a blood or breath alcohol level of 0.08% or more (Tenn. Code Ann. § 55-10-401). Vehicular assault is when an intoxicated driver recklessly causes serious bodily injury to another person (Tenn. Code Ann. § 39-13-106). The injury is what turns a DUI case into a felony. Here is how the two charges compare.

What DUI means

It is unlawful to drive or be in physical control of a vehicle on a public road, or in places like shopping centers and apartment complexes, while:

Under the influence of alcohol, drugs or any intoxicant that impairs your ability to drive safely; or
With an alcohol concentration of 0.08% or more (0.04% in a commercial vehicle).

(Tenn. Code Ann. § 55-10-401.)

No one has to be hurt for a DUI charge. A first DUI carries at least 48 consecutive hours in jail and up to 11 months and 29 days, or at least 7 days if the alcohol level was 0.15% or more (Tenn. Code Ann. § 55-10-402).

What vehicular assault means

A person commits vehicular assault if, "as the proximate result of the person's intoxication," they "recklessly cause serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration" (Tenn. Code Ann. § 39-13-106(a)).

Three things must be proven: intoxication, reckless driving that caused the injury, and an injury that is serious, not minor.

The key line: serious bodily injury

Under Tennessee's general definition, serious bodily injury means injury involving a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, or protracted loss or substantial impairment of a body part, organ or mental faculty (Tenn. Code Ann. § 39-11-106).

2026 change. Public Chapter 875 (SB 375 / HB 359), effective July 1, 2026, adds a definition of serious bodily injury just for vehicular assault. It includes "a broken bone." The general definition counts a broken bone only for a child 12 or under. For crashes on or after July 1, 2026, a broken bone to anyone may be enough.

A cut, bruise or temporary pain is "bodily injury," not serious bodily injury (Tenn. Code Ann. § 39-11-106). The medical records often decide which charge fits.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Side by side

Class. First DUI: misdemeanor. Vehicular assault: Class D felony (Tenn. Code Ann. § 39-13-106(b)).
Possible sentence. First DUI: 48 hours to 11 months, 29 days. Class D felony: 2 to 12 years, and a fine up to $5,000 (Tenn. Code Ann. § 40-35-111).
Jail minimum. Vehicular assault requires at least 48 consecutive hours. With one prior alcohol-related conviction, 45 days; with two, 120 days; with three or more, 150 days. No probation until the minimum is served (Tenn. Code Ann. § 39-13-106(b)).
Driving. A vehicular assault conviction bars driving for 1 year for a first conviction, 2 years for a second, 6 years for a third and 8 years for a fourth or later (Tenn. Code Ann. § 39-13-106(c)). DUI license loss runs the same 1, 2, 6 and 8 years (Tenn. Code Ann. § 55-10-404).
Court. A misdemeanor DUI can be resolved in General Sessions. A felony case starts with a preliminary hearing in General Sessions and is tried in Criminal Court.

When it gets more serious

Aggravated vehicular assault is a Class C felony. It applies to vehicular assault by someone with two or more prior DUI convictions, or a prior vehicular assault or vehicular homicide conviction, or with an alcohol level of 0.15% or more and one prior DUI (Tenn. Code Ann. § 39-13-115).
A child in the car. If a DUI driver's child passenger under 18 suffers serious bodily injury, the offense is a Class D felony punished under the vehicular assault law (Tenn. Code Ann. § 55-10-402).

Driving after a vehicular assault revocation

If your license is revoked for vehicular assault and you drive anyway, the jail minimum is 2 days for a first offense and 45 days for a second (Tenn. Code Ann. § 55-50-504). Read our article on driving after a DUI with a restricted license.

Where the case goes in Sumner County

Charges start in Sumner County General Sessions Court, clerk's office at 155 East Main Street, Gallatin. Felony cases that are bound over go to the grand jury and then to Sumner County Criminal Court in the Criminal Justice Center, 117 West Smith Street.

How we can help

Attorney Chloe Hawes defends DUI and vehicular assault cases in Sumner County and nearby counties from our office on the Gallatin Public Square. In an injury case, we look closely at how the crash happened, how intoxication was tested, and whether the medical records really show serious bodily injury. See our DUI defense page, read what happens after a DUI arrest in Sumner County, or see all of our criminal defense services.

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