After being involved in an accident and being arrested on suspicion of driving under the influence, you might think things could not get any worse. However, if someone else involved in the crash was seriously injured or died, you could end up facing charges for vehicular homicide or vehicular assault. Tennessee law allows these charges to be filed even if you had no intention to kill or seriously injure anyone when you got into your vehicle.
You could face these charges even if the other driver was the one who who caused the accident. Although it might be true that you probably should not have been behind the wheel after drinking, that does not mean that you were responsible for the crash. Even so, you could end up facing severe penalties simply based on the fact that alcohol was tangentially involved.
Your attorney will need to review the circumstances surrounding the accident, any evidence gathered by Tennessee law enforcement officials, and any witness statements regarding the crash. An accident reconstruction might even be done to figure out who was actually at fault. It is not always necessary to challenge a DUI charge in order to combat a vehicular homicide or vehicular assault charge.
Depending on the outcome of your attorney's investigation, different options might be available to you. After all avenues have been explored, the best course of action can be implemented. The most important factor is to have an advocate on your side who understands the challenges a vehicular homicide or vehicular assault charge can present.