DUI 2nd Degree Murder (Felony “Watson Murder”)
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A Watson DUI Second Degree Murder is a criminal offense in California involving implied malice due to operating a vehicle while impaired by drugs or alcohol.
The term "Watson" comes from People v. Watson1, which said that a defendant charged with DUI could be held accountable for murder if they acted with implied malice.
According to the court's decision, if you drive while intoxicated and someone dies as a result of your actions, you may face murder charges.
The Watson case allows prosecutors to elevate vehicular manslaughter to second-degree murder, as described in California Penal Code 187.
You will also likely face the related DUI charges and likely vehicular manslaughter under Vehicle Code Section 191.5 as well. The substance causing impairment can be alcohol, drugs, or a mixture of both.
A pivotal issue in Watson murder cases is determining whether the impaired driver demonstrated implied malice. If implied malice2 is not established, a Watson murder charge cannot be upheld, and the driver would likely face the lesser charge of vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.
To convict, the prosecution must demonstrate that you did an act resulting in another's death with malice and acted without legal justification.
Malice may be implied as opposed to express, when a person, knowing that their conduct endangered the life of another, nevertheless acted deliberately with conscious disregard for life.
What is Implied Malice in DUI Murder?
Implied malice describes the mental state that is less than the actual intention to kill but still sufficiently culpable to support a murder charge.
A defendant shows implied malice when they deliberately engage in behavior that has natural and foreseeable consequences posing a threat to human life, fully aware of the danger yet proceeding with the act with reckless indifference.
The criteria for establishing implied malice focus primarily on the defendant's awareness and mindset during the incident.
Consequently, such aspects are seldom directly evidenced, meaning a defendant is unlikely to explicitly declare their reckless disregard for human life beforehand.
Instead, like many legal principles, implied malice is inferred from the circumstances surrounding the defendant's actions.
Typically, to show implied malice for second-degree murder stemming from drunk driving, the prosecution will present evidence of some or all of the following factors: (1) a blood-alcohol level at or above 0.08% legal limit; (2) a pre-drinking intent to drive; (3) knowledge of the hazards of driving while intoxicated; and (4) highly dangerous driving.3
In certain situations, it can be challenging for a prosecutor to prove that the defendant exhibited a willful neglect for human life. If this cannot be established, a DUI in California that leads to someone's death is typically charged as one of the following:
- Penal Code 191.5(a), gross vehicular manslaughter while intoxicated, or
- Penal Code 191.5(b), vehicular manslaughter while intoxicated
Penalties for DUI Murder in California
Watson murder, although connected to DUI, is subject to the same penalties as second-degree murder. If convicted, you face a California state prison sentence of 15 years to life, along with a fine up to $10,000.
Second-degree Watson murder is a “serious felony,” which counts as a “strike” under California's three-strikes law.
Furthermore, if any surviving victims have suffered great bodily injuries, the defendant could receive an additional sentence of 3 to 6 years in prison.
Additional years may be imposed for each individual who suffered less severe injuries.
Defenses for a Watson DUI Murder
The typical defenses against a Watson murder accusation resemble those frequently raised in other cases involving driving under the influence.
The accused might contend that there is inadequate proof of their impairment due to drugs, alcohol, or a combination of both. This can be achieved by disputing the reliability of blood tests or questioning the maintenance and accuracy of the devices used by law enforcement.
Additionally, the defendant may assert that the car accident leading to the victim's demise was not caused by their actions. Even if the defendant was impaired, a legitimate accident should not warrant a Watson murder charge.
Watson Admonition in DUI Murder
To help the prosecution prove implied malice in repeat DUI cases, courts and police often give a “Watson admonition.” This can happen after a jury trial for a DUI offense or when you plead no contest or guilty.
The Court warns the defendant at sentencing that driving under the influence of alcohol, drugs, or both is very dangerous. It can harm human life. If they continue to drive under the influence and someone is killed as a result of their driving, they will face murder charges.
Watson murder charges are often used against repeat DUI offenders. However, they can be filed against a defendant with no prior DUI convictions in cases where the defendant was repeatedly warned about the dangers of drinking and driving.
Prosecutors are more likely to file these charges if the defendant had a very high blood alcohol content (BAC). They also consider if the person has multiple prior DUI convictions. Reckless driving, like speeding or fleeing from police, can lead to these charges as well.
Contact the Criminal Defense Law Firm
The Law Office of Richard Wagner is a criminal defense firm in Irvine, CA, that practices throughout Southern California.
Attorney Wagner has been practicing criminal law throughout Orange and Los Angeles counties for over 26 years.
Two office locations: 7700 Irvine Center Drive, #800, Irvine, CA 92618, and 9431 Haven Avenue, Rancho Cucamonga, CA 91730.
If you or a family member is under investigation or has been charged with a crime, contact The Law Office of Richard Wagner at 714-721-4423 to discuss your legal options.
Watson murder is a serious California felony. If you or a family member was involved in a DUI incident resulting in death, effective representation before court by an experienced criminal defense DUI attorney is crucial to achieving the best possible outcome.
LEGAL AUTHORITIES
1 People v Watson (1981) 30 C3d 290, 299.
2 "Implied malice is an intentional act, the natural consequences of which are dangerous to life, which act is deliberately performed by a person who knows that his or her conduct endangers the life of another and who acts with conscious disregard for life." People v. Dellinger (1989) 49 Cal. 3d 1212, 1221–1222.
3 People v. Talamantes (1992) 11 Cal. App. 4th 968, 973.
