When someone gets behind the wheel after having a few alcoholic beverages, they usually assume that they will make it home safe and sound. By now, the many effects of alcohol are well-documented and widely known—we recognize that alcohol consumption impairs cognitive function and slows down our reaction time. According to the National Highway Traffic Safety Administration (NHTSA), alcohol can impair your judgment, cloud your vision, reduce your ability to distinguish colors, increase drowsiness, and slow your ability to process information and respond to critical driving tasks. Even though most of us recognize the hazards of driving under the influence of alcohol or other drugs (DUI), people still engage in this unsafe behavior. However, these seemingly minor lapses in judgment can lead to catastrophic consequences. One minute, you may be on your way home from a celebration after drinking a little too much—suddenly, you’re waking up at the scene of a car collision with law enforcement telling you that you crashed into another car or pedestrian and killed someone. Not only must you struggle with the intense emotional fallout (feelings of guilt, shame, regret, etc.), but you will face criminal charges that carry significant and lasting penalties that will dramatically alter the course of your life. If you are facing DUI murder charges (also known as Watson murder) in Los Angeles County, reach out to an experienced and highly skilled criminal defense lawyer as soon as possible to discuss your options. Together, you can identify the most strategic path forward to keep your future as bright as possible.
Understanding Watson Murder in California
First, it’s helpful to understand what the term “Watson Murder” means for individuals facing such charges in California. This criminal offense stems from the California Supreme Court case People v. Watson (1981) 30 Cal.3d 290. The Court held that a person who kills someone while driving under the influence may be charged with second-degree murder when the evidence shows that the driver acted with “implied malice.” Implied malice is not presumed from the DUI itself. The prosecution must prove that the driver actually knew the driving was dangerous to human life and deliberately drove anyway, in conscious disregard of that danger. After the Court issued its ruling, the Watson murder rule allowed prosecutors to charge the defendant with second-degree murder as an alternative to a charge of vehicular manslaughter while intoxicated. A Watson murder conviction is a conviction for murder and carries a sentence of 15 years to life in prison. This is a much steeper and more lasting penalty than that for vehicular manslaughter.
What does Implied Malice Mean?
In order to convict someone of Watson murder, prosecutors must demonstrate that the driver acted with implied malice, one of the two forms of “malice aforethought” that Penal Code section 188 recognizes. It’s essential to understand that implied malice does not mean that the driver had any ill will toward the victim or that they had the intention to take their life. Instead, a driver acts with implied malice when: They intentionally commit an act (i.e., driving under the influence of drugs or alcohol); the natural and likely consequences of this behavior threaten human life; the defendant knows that this act is dangerous to human life; and the defendant deliberately acts with conscious disregard for human life. Driving under the influence does not, by itself, satisfy these elements. The last two elements are subjective: the prosecution must prove what this driver actually knew and consciously chose, usually through circumstantial evidence such as a prior DUI conviction, a Watson advisement, DUI-program attendance, the level of intoxication, and the manner of driving. A jury that is not convinced beyond a reasonable doubt that the driver actually appreciated the risk to human life cannot convict of murder, although it may still convict of vehicular manslaughter while intoxicated.
Watson Murder Applies to Those With Previous DUI Incidents
Watson murder charges almost always apply to cases in which a defendant was previously given a “Watson warning” or completed DUI school. In most cases, the defendant had previous DUI arrests or convictions on their record. During their appearance in court for these prior offenses, the defendant will have been given a “Watson advisement” during their sentencing hearing. This warning, either read to the defendant by the judge or presented to the defendant in writing, serves as an official notice of the hazards associated with driving under the influence. If you drive while intoxicated after receiving that warning and cause a fatal crash, prosecutors will point to the advisement as evidence that you knew the danger and chose to drive anyway. The advisement is evidence of knowledge, not proof of murder: the jury still decides whether you actually appreciated the risk to human life and consciously disregarded it. However, while the bulk of Watson murder charges concern defendants with previous DUI arrests or convictions, prosecutors may pursue these charges any time there is a DUI fatality. For example, prosecutors may argue that police officers, criminal defense lawyers, judges, and emergency room nurses (by way of example only) knew the dangers of impaired driving from their work, and may file a Watson murder charge despite the absence of prior convictions, arrests, or Watson warnings.
Penalties for a Watson Murder Conviction in California
Criminal offenses involving the loss of life carry the most severe and lasting penalties. There is no way to bring the person back once their life has been taken. The penalties for DUI murder in California are fifteen years to life imprisonment in the California state prison, fines of up to $10,000, the addition of a strike on the defendant’s criminal record, and other considerable and lasting restrictions on your freedom and future. Since the consequences of a Watson murder conviction are so severe, it’s essential to contact a skilled and knowledgeable Los Angeles County criminal defense attorney as soon as possible to identify the most strategic path forward.
Contact a Trusted DUI Defense Lawyer Today
Facing criminal charges of any kind can be disorienting and intimidating, especially if the incident caused catastrophic injuries or fatalities. It’s natural to feel frightened and alone during this stressful time. However, you do not have to move through the twists and turns of the California criminal justice system on your own. Consider working with a skilled and experienced Los Angeles County criminal defense lawyer who can assess every detail of your case and determine the best legal defense strategy to keep your future as bright as possible. Now is not the time to leave your freedom up to chance—call a trusted criminal defense attorney today to get started.
From our cases: In People v. Daniel F., the prosecution charged a Watson murder on the theory that he was fleeing an earlier injury collision when the fatal crash happened. At the preliminary hearing, Michael Levin put into evidence AutoSpotter photographs of the first driver’s Jeep, taken months earlier, showing that the damage she blamed on him was already there, and the court dismissed the murder, felony DUI causing injury and hit-and-run charges. Daniel F. later pleaded to vehicular manslaughter while intoxicated, without gross negligence, and was sentenced to probation.
In People v. Sandra H., a vehicular manslaughter trial in Glendale after a freeway crash that killed her passenger, Michael Levin showed that the prosecution’s skid-mark expert had done the speed calculations wrong, proved that she had consumed no drugs or alcohol, and got the expert who ruled out a steering or brake failure to admit he had checked only for hydraulic leaks. The jury found her not guilty.
If you or someone you love is facing a DUI crime in Los Angeles County, call Wegman & Levin APC right away at 818-980-4000 to schedule a free initial consultation with an experienced and skilled criminal defense attorney.
