Tennessee’s new 0.15 percent BAC benchmark for aggravated vehicular assault and aggravated vehicular homicide took effect on July 1, 2025. A driver who registers 0.15 percent—five points lower than the prior 0.20 percent line—now faces a Class C or Class A felony if any crash victim suffers serious injury or death and the driver has the required DUI history. The shift comes from Public Chapter 430, enacted as SB 0457/HB 0190.
0.15 BAC Now Statutory Trigger for Aggravated Vehicular Assault & Homicide in Tennessee
The revised language appears in Tenn. Code Ann. § 39-13-115 and § 39-13-218. Both sections now state that a BAC of 0.15 percent—rather than 0.20—meets the “elevated alcohol concentration” element when the defendant has at least one prior qualifying conviction. Prosecutors must still prove causation and must document prior convictions under § 55-10-405(b).
Because aggravated vehicular assault remains a Class C felony and aggravated vehicular homicide a Class A felony, the lower trigger widens the pool of cases that can draw eight- to thirty-year sentences. The statute also preserves mandatory consecutive sentencing for related DUI counts, so a defendant can leave court staring at two decades in the Tennessee Department of Correction on a first aggravated charge. Defense teams must therefore treat every 0.15 BAC arrest as a potential life-altering felony from the moment the toxicology report lands.
From Crash Data to Tougher Standards: Why Lawmakers Lowered the Limit
Sponsors cited a decade of fatal-crash statistics showing that drivers testing between 0.15 and 0.19 percent were over-represented in deadly wrecks. During House debate, Representative Ron Gant—himself a 2023 crash victim—said the steeper felony exposure “allows the judge to hand down a very lengthy prison term” matching the harm caused (NewsChannel 5, July 3, 2025).
The bill sailed through both chambers unanimously. Governor Lee signed it on May 9, 2025; by statute the amendment governs offenses committed on or after July 1, 2025. While Mothers Against Drunk Driving praised the deterrent effect, defense attorneys warned that identical alcohol levels can affect drivers differently depending on body weight, metabolism, and testing delay. Lawmakers nonetheless concluded that the new cutoff better aligns Tennessee with the twenty-five other states that already employ a 0.15 standard.
Interpreting the New 0.15 Line in Court: Early Appellate Signals
Existing elevated-BAC precedent offers guidance on how trial courts will apply Public Chapter 430. In State v. Randy O. Reynolds (Tenn. Crim. App. 2023), the Court affirmed an aggravated vehicular homicide conviction where the defendant’s blood draw showed 0.19 percent BAC, stressing that an alcohol level “well above the statutory aggravator” made impairment nearly self-evident.
More recently, Judge Timothy Easter underlined proportionality in State v. Bankston (Tenn. Crim. App. Mar. 13, 2025), noting that crash injuries “could not have been more severe without it becoming a homicide,” which justified consecutive sentences when the driver’s BAC topped 0.25 percent. Prosecutors already cite these cases to argue that any reading at or above 0.15 suffices for heightened culpability, while defense counsel focuses on calibration records, draw timing, and chain of custody.
Roadside to Courtroom: Immediate Defense Strategy at 0.15 % or Higher
When a portable breath device flashes 0.15, the clock starts ticking. Officers must advise drivers of implied-consent consequences under Tenn. Code Ann. § 55-10-406; refusal risks a one-year license revocation and admissible evidence of consciousness of intoxication. Yet consent without full information is contestable, especially if body-cam footage captures incomplete warnings or visible hesitation.
The defense team’s first move is to preserve every digital byte: dash-cam video, body-cam audio, Intoxilyzer calibration logs, and dispatch CAD timestamps. Next comes a hospital-records subpoena if emergency care was rendered—serum panels often diverge from later forensic tests. Finally, counsel should file a Rule 16(a)(1)(E) motion to inspect the breath device.
For a step-by-step checklist, see Steps to Take After a DUI Arrest.
Mini Case Study: 0.16 % BAC + Prior DUI—Rapid Strategy Prevents a Felony Conviction
A Chattanooga client—call him “M.D.”—blew 0.164 percent after a minor-injury fender-bender in February 2026. Because he had a 2019 DUI conviction, police charged aggravated vehicular assault under the amended statute. Toxicology records, however, showed a two-hour delay between collision and blood draw. A defense toxicologist’s retrograde-extrapolation model placed M.D.’s BAC near 0.13 percent at impact. Faced with timing gaps and margin-of-error testimony, prosecutors reduced the felony to simple vehicular assault, averting a six-year prison term and the lifelong violent-felony label. The case demonstrates that, even after Public Chapter 430, granular challenges can blunt the statute’s harshest outcomes.
Penalties and Collateral Fallout When BAC Hits 0.15 with Priors
A first aggravated vehicular assault under § 39-13-115 carries three- to six-year exposure for a Range I offender plus a one- to five-year license revocation. Two or more prior DUIs move defendants into Range II (six- to ten-year) sentencing. Ignition-interlock mandates under § 55-10-409 begin once driving privileges are reinstated and may extend another year for monitoring violations.
Aggravated vehicular homicide convictions under § 39-13-218 command fifteen- to twenty-five-year sentences, fines up to $50,000, and permanent revocation when the driver has a prior vehicular homicide. Courts often impose restitution covering funeral costs and survivor counseling, which then convert to civil judgments. Insurers routinely cancel policies after an elevated-BAC felony, leaving SR-22 coverage as the only path back on the road.
For deeper analysis of jail credits, probation eligibility, and collateral immigration consequences, visit Tennessee DUI Offenses and Penalties.
Frequently Asked Questions
What does “aggravated” mean after the 2025 BAC change?
Aggravated status now applies when the defendant both meets the 0.15 percent BAC benchmark and has the required DUI history or causes a death or catastrophic injury. The new threshold simply expands who qualifies under the elevated-alcohol element; all other aggravators remain unchanged.
Can a first-time 0.15 BAC still be charged as aggravated vehicular assault?
Usually no. A prior DUI, vehicular assault, or vehicular homicide conviction is still required. Without that history prosecutors must charge ordinary vehicular assault or homicide unless another statutory aggravator—such as drag racing—applies.
How do prosecutors prove the exact BAC months after arrest?
They rely on certified toxicology reports and expert testimony. The defense can challenge instrument certification, sample integrity, retrograde-extrapolation methods, and any chain-of-custody lapse that clouds the reported figure.
Do prior DUIs from other states count toward aggravation in Tennessee?
Yes. § 55-10-405(b) says an out-of-state conviction that would amount to a Tennessee DUI counts toward multiple-offender status once the prosecutor introduces a certified judgment and a copy of the foreign statute.
Is an ignition-interlock device mandatory after conviction?
For aggravated offenses courts must impose interlock once the revocation period ends. § 55-10-409 lets judges extend that requirement if the driver violates monitoring rules or logs failed breath tests.
Can I expunge an aggravated vehicular assault if the charge is later reduced?
Possibly. If the felony is amended down and the defendant secures diversion or dismissal, expungement may be available under § 40-32-101(g) after all fees and restitution are satisfied.
What defenses work when the breathalyzer reading was exactly 0.15 percent?
Margin-of-error arguments, partition-ratio critiques, and retrograde-elimination models can all pull the true BAC below 0.15 percent. Suppression motions targeting faulty implied-consent warnings or unreported instrument errors remain potent tools.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified U.S. attorney about your specific situation.
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