A felony DUI charge carries consequences that extend far beyond those of a typical misdemeanor. A conviction can result in years in prison, substantial fines, a lengthy driver’s license revocation, and a permanent felony record that could affect you forever.
Tennessee law treats certain DUI offenses as felonies because they involve repeat offenses or serious injuries and fatalities, but you could avoid a conviction with the help of our dedicated DUI defense attorneys. A Nashville felony DUI lawyer can help you learn more about your legal options and defense strategies.
When Is a DUI a Felony?
Most of the time, the law treats DUI offenses as misdemeanors. There must be some extenuating circumstances that allow the prosecution to treat a DUI as a felony. Our Nashville attorneys can defend you against felony DUI charges stemming from the following scenarios.
Fourth and Subsequent DUI Convictions
Tennessee law charges a fourth DUI conviction as a Class E felony. Prior DUI convictions from this state, and potentially from other states, may count toward the total number of offenses.
Vehicular Assault
A DUI may become a felony if impaired driving causes another person to suffer serious bodily injury. This offense is a vehicular assault charge, which is generally a Class D felony. These charges usually are the result of a serious accident that leads to bodily injuries.
Vehicular Homicide
If impaired driving causes another person’s death, prosecutors may file vehicular homicide charges. Depending on the facts of the case, the law may charge vehicular homicide as a Class B or Class C felony.
What Are the Penalties for a Felony DUI?
Felony DUI penalties depend on the specific offense and the defendant’s criminal history. Tennessee law imposes mandatory minimum sentences for many felony DUI convictions, and judges have limited discretion to reduce those minimum terms.
A fourth DUI conviction, a Class E felony, carries a sentence of one to six years in prison. State law also requires at least 150 consecutive days of confinement before you become eligible for release programs. Those convicted also face fines ranging from $3,000 to $15,000, and the court will revoke the driver’s license for eight years.
A fifth DUI conviction also qualifies as a Class E felony with a sentencing range of one to six years. However, the mandatory minimum period of incarceration increases to at least 150 consecutive days, and additional prior convictions may influence the ultimate sentence. A sixth or subsequent DUI conviction is a Class D felony punishable by two to 12 years in prison. The mandatory minimum period of incarceration increases to at least one year, and fines range from $3,000 to $15,000.
Vehicular assault, a Class D felony, carries a sentencing range of two to 12 years in prison, while vehicular homicide could lead to as much as 30 years. It is important to remember these penalties only come into effect if a court convicts you. Our Nashville felony DUI attorneys can help you fight your charges.
Can a Court Reduce Felony DUI Charges?
In Nashville, felony DUI charges are serious, but there are times when an attorney may be able to negotiate them down to a misdemeanor. In repeat DUI cases, an attorney may challenge whether prior convictions legally qualify to enhance the current charge. If prosecutors cannot prove enough qualifying prior convictions, the offense may no longer meet the requirements for a felony.
In vehicular assault and vehicular homicide cases, the defense may challenge whether impairment actually caused the accident, raising issues such as:
- Vehicle defects
- Another driver’s actions
- Hazardous road conditions
- Weaknesses in the accident reconstruction
These may create reasonable doubt about causation and provide a strong foundation for your defense case.
Talk to an Attorney in Nashville for Help With a Felony DUI Charge Today
If you are facing felony drunk driving charges, you must seek out the support of skilled legal counsel right away. The sooner you talk with an attorney, the better your chances of avoiding a conviction. Beasley Law Criminal Defense Attorneys are here to help you build a strategic defense case with the evidence at hand. Call a Nashville felony DUI lawyer from our firm today to schedule a free consultation and get started.
