Chattanooga Felony DUI Lawyer

Felony DUI is one of the most serious alcohol-related charges in Tennessee. A fourth or subsequent DUI offense is a felony. Having a minor passenger adds mandatory jail time and can lead to additional charges such as felony child neglect, but it does not automatically turn the DUI into a felony. Driving on a suspended or revoked license also increases penalties but does not by itself elevate the DUI to a felony. license can also be prosecuted as a felony. These charges carry mandatory jail or prison time, heavy fines, and lasting consequences. An experienced defense attorney can review the details of your arrest, challenge weak evidence, and fight for the best possible outcome.

What Constitutes Vehicular Homicide?

Under Tennessee Code § 39-13-213, vehicular homicide is the reckless killing of another person by the operation of a motor vehicle. The offense is charged when a death occurs as the proximate result of any of the following:

• Conduct creating a substantial risk of death or serious bodily injury (typically a Class C felony);
• Driving under the influence of alcohol and/or drugs (Class B felony when intoxication is involved);
• Prohibited drag racing (Class C felony); or
• Driving in a posted construction zone when the decedent is a TDOT employee or highway construction worker (Class D felony).

Penalties depend on the classification and the defendant’s criminal history, and can include multi-year prison terms, substantial fines, and driver’s license revocation (often 3–10 years). When intoxication is a factor, sentencing exposure is higher than for non-intoxication forms of the offense.

Tennessee also recognizes aggravated vehicular homicide when certain prior alcohol-related convictions or a very high blood-alcohol concentration are present. This carries significantly enhanced penalties compared with vehicular homicide by intoxication.

What Is the Impact of DUI Convictions on Your Life & Employment?

A felony DUI conviction affects far more than the court sentence. Background checks by employers, landlords, and licensing boards will report a felony record, which can limit job offers, professional licensing, and housing options. Insurance costs often rise, and travel to some countries can become more difficult. Speaking with a felony DUI attorney in Chattanooga early can help you understand these collateral consequences and plan next steps.

• Employment: Fewer interview callbacks, loss of positions that require driving or clearances, and added hurdles for roles in healthcare, education, and finance.
• Professional licensing: Potential discipline or denial for licenses that review criminal history.
• Housing: Landlords may reject applications after a background check.
• Driving & insurance: License revocation periods and high-risk insurance premiums.
• Personal impact: Court costs, fines, time away from work for court dates, and strain on family responsibilities.

Legal guidance can help you understand collateral consequences, seek alternatives where available, and plan next steps while your case is pending.

What Is the Role of Evidence in DUI Cases in Chattanooga?

Evidence is central in any felony DUI case. Test results, police reports, and witness statements are often the foundation of the prosecution’s case, but each has potential weaknesses. Breath and blood samples must be collected and stored properly, and field sobriety tests must follow established procedures. Any misstep can affect reliability.

Police reports and witness accounts are also subject to human error or inconsistency. A defense strategy often begins by reviewing whether the traffic stop was lawful, whether testing complied with required protocols, and whether any rights were violated during the process.

Careful examination of the evidence allows your attorney to challenge unreliable results, cross-examine witnesses, and argue for the exclusion of certain proof at trial. Identifying these flaws can open the door to reduced charges or alternative sentencing options.

What Are the Potential Defense Strategies for Felony DUI Cases?

A Chattanooga felony DUI lawyer evaluates the stop, testing, and evidence to identify the strongest path forward. Common strategies include:

• Challenging the stop: Lack of reasonable suspicion for the traffic stop or lack of probable cause for arrest can lead to suppression of evidence.
• Field sobriety tests: Improper instructions, uneven surfaces, footwear, injuries, or medical conditions can make results unreliable.
• Breath test reliability: Calibration issues, maintenance gaps, mouth alcohol, GERD, temperature variance, and uncertified operators affect accuracy.
• Blood test integrity: Chain-of-custody errors, improper preservatives, fermentation, storage temperature, and lab protocol deviations can contaminate results.
• Video and report inconsistencies: Bodycam or dashcam footage that conflicts with narratives or scoring sheets undermines credibility.
• Procedural and constitutional issues: Unlawful search or seizure, delayed implied-consent advisement, or Miranda problems can limit admissible evidence.
• Alternative explanations: Fatigue, illness, medications, or neurological conditions may explain alleged impairment signs.
• Negotiated outcomes:If dismissal is not possible, negotiating for reduced charges can be an alternative approach. Courts may also consider alternatives such as inpatient or outpatient alcohol and drug treatment, private or court-supervised programs, or rehabilitation plans. These can help moderate penalties, support negotiations, and in some cases substitute for custodial time.

The appropriate approach depends on the facts of the stop, the testing records, and the strength of the state’s proof.

Get Help from Our Experienced Chattanooga DUI Defense Team

If you’re facing a felony DUI in Chattanooga, including cases involving vehicular assault or vehicular homicide, our team can review the facts, explain your options, and represent you in court.

We handle DUI matters across Tennessee and have experience with felony-level charges. We examine the stop, testing, and evidence to build the strongest defense available. Contact us to discuss your case.

Frequently Asked Questions

What are the potential penalties for vehicular assault in Tennessee?

Vehicular assault is a Class D felony under Tennessee Code § 39-13-106. Penalties can include 2–12 years in prison, fines (often up to $5,000), driver’s license revocation for 1–5 years (TN Department of Safety DUI offenses outline), and court costs. For a plain-English summary of ranges and collateral consequences, see our page on Tennessee DUI penalties. Sentencing can be more severe with prior alcohol-related offenses.

What is aggravated vehicular assault and how is it charged?

Tennessee law allows enhanced penalties for vehicular assault when certain factors are present, such as prior DUI convictions or a very high blood alcohol concentration. These enhancements increase prison exposure and license loss compared with standard vehicular assault. For background on DUI-related enhancements and license consequences, see the TN Department of Safety’s DUI offenses outline and our page on DUI penalties.

How can a felony DUI lawyer help in Chattanooga?

A felony DUI lawyer can evaluate the stop, field tests, and chemical testing; challenge unreliable evidence; identify constitutional or procedural issues; and negotiate with prosecutors. Learn more about our approach on the Chattanooga DUI page or contact us for a consultation.

What should I do immediately after a DUI arrest in Chattanooga?

Stay calm and be polite. Ask for an attorney and avoid making statements. Write down what you remember about the stop, testing, and timing. Save any receipts, messages, or medical information that could be relevant. Review the state’s guidance on testing and license consequences in the TN Department of Safety’s DUI offenses outline, and speak with a lawyer as soon as possible.

Are field sobriety tests reliable?

Field sobriety tests are subjective and can be affected by footwear, injuries, medical conditions, nerves, lighting, and road conditions. In Tennessee, you are not legally required to take field sobriety tests, and declining them does not create an automatic license suspension. Refusing a chemical test (breath or blood) can trigger license consequences under implied consent rules; see the state’s DUI offenses outline and our page on DUI penalties.