If a child suffers injury or death as a result of drunk driving, you may be charged with a felony.

• A. True
• B. False
• C. Not sure
• D. Depends on circumstances

Answer: (A)

When a driver is intoxicated and a child is harmed or dies, the law treats the act as a much more serious offense. In Tennessee, DUI is usually a misdemeanor, but causing serious injury or death to a child can elevate the charge to a felony, such as vehicular assault or vehicular homicide, depending on the facts. The vulnerability of a child and the driver’s intoxication are strong aggravating factors that prosecutors commonly use to seek a felony conviction. So the statement is true: there is a possibility of a felony in these situations. The exact charge will hinge on whether there was injury or death and the specific circumstances, but felonies are a real outcome.