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Criminal Defense

Understanding Watson Murder: DUI-Related Homicide in California

A pair of handcuffs and a fingerprint on a paper | DUI Homicide Defense Lawyer | Wegman & Levin

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. This ruling established that a person who kills someone as a result of driving under the influence may be charged with murder if their driving constitutes “implied malice.” A person who has actual knowledge of the dangerousness of driving while impaired is deemed to have implied malice, meaning that any loss of life caused by their decision to drive under the influence can lead to second-degree murder charges. 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, also known as “malice aforethought.” 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. Under these definitions, the simple act of driving under the influence constitutes implied malice, as the defendant is showing a reckless disregard for the dangers of their actions.

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. Therefore, if you still drive while intoxicated and your actions result in a fatality, prosecutors can charge you with second-degree murder because you have already been warned about the known dangers of drunk driving and did so anyway (in other words, this signals that you acted with implied malice). 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, police officers, criminal defense lawyers, judges, and emergency room nurses (by way of example only) can be deemed to know the dangers of impaired driving and be charged with a Watson murder despite having no 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.

If you or someone you love is facing a DUI crime in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to schedule a free initial consultation with an experienced and skilled criminal defense attorney.

Michael M. Levin, Esq.

Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More

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