Typically, a DUI causing death is charged as vehicular manslaughter under PC 191.5.  DUI manslaughter is discussed in greater detail in the DUI Causing Injury or Death article.  For especially bad cases, or for a Californians who have a prior DUI conviction, a new DUI offense leading to another person's death can be MURDER.  Typically reserved for intentional killings, murder can be charged in a DUI death if the alleged drunk driver has a prior DUI or even "wet reckless" conviction under a theory of "implied malice." 

Pursuant to the 1981 landmark California case People v. Watson, California law considers driving recklessly while intoxicated enough to meet the wanton disregard requirement for second degree murder by "implied malice."  It is from this case that California DUI Murder gets its nickname, "Watson murder."  If you have ever pled guilty or no contest to DUI, you may also recall being given a Watson advisement, advising you that if you are arrested for DUI again, and that DUI leads to an accident where someone is killed, you can be charged with murder.  This advisement has become standard practice in DUI pleas throughout California, and is often one of the scariest moments of a first DUI case.

Standard Watson Advisement:
"I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle.  I understand that it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both.  I understand that if I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder."

Essentially, by signing a Watson Advisement, a DUI defendant consents to being charged with murder if they drive drunk again and kill someone.  Without an advisement, prosecutors will use prior attendance in DUI school, required upon conviction for DUI as evidence that the defendant was previously made aware of the dangers covered by the advisement.  This means that even if a defendant did not plead guilty to DUI, but was convicted as a result of losing a DUI trial, a second or subsequent DUI, the result of which someone is killed, can be charged with murder.  In fact, a prior DUI is technically not necessary, but makes meeting the hight burden of proof easier for prosecutors.  This is why we rarely see second degree murder prosecutions in a first time DUI.

A DUI murder (Watson Murder) charge does not have to mean a murder conviction.  A murder conviction is not only a strike, but subjects a defendant to a possible life sentence.  It is possible to negate the prosecution's evidence of "implied malice" and use that to negotiate a lesser charge.  Vehicular manslaughter and DUI manslaughter are possibilities.  

Additionally, the fact that someone has alcohol or a drug in their system does not mean that they have caused an accident.  Law enforcement will jump to the conclusion that someone with a DUI prior, especially if they smell like alcohol, must have been responsible for the accident.  By subpoenaing video surveillance footage, interviewing eyewitnesses, and consulting with an accident reconstruction expert, it may be possible to show that the accident is not the defendant's fault.  This is where having a skilled Los Angeles Criminal Defense Attorney and DUI Lawyer on your side comes in.

It is also important to remember that the government must still prove all of the elements from a traditional DUI charge.  Police officers are often mistaken when they arrest someone for DUI.  There may not be evidence that the person was driving, evidence that the person was impaired, or evidence that the person's blood alcohol concentration was above .08 at the time of driving.  There are many defenses to DUI, including: Mouth Alcohol,  Rising BAC,  How Accurate are Breathalyzers?,  Did Police Follow Proper Testing Procedure,  Do Field Sobriety Tests Prove Anything?,  Alcohol and Drugs are NOT the Only Causes of Bad Driving, and MORE.  

If you have been arrested or charged with a DUI homicide, whether 2nd degree murder or DUI manslaughter, contact the Law Offices of Nicholas Loncar for a free consultation with a skilled LA Criminal Defense Attorney and DUI Lawyer.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Published By: Nicholas Loncar | Written by Nicholas Loncar