A "Watson murder" is a DUI causing someone's death in California. Its name comes from a 1981 Supreme Court case called "People v. Watson."
In this landmark case, the court established that a DUI driver who causes a fatal accident can be charged with Penal Code 187 second-degree murder if the driver acted with implied malice, known as "malice aforethought." This is a serious charge with significant legal implications.
The driver does not have to have an intent to cause the victim's death. Instead, a defendant can act with implied malice when they intentionally commit an act with natural and probable consequences that are dangerous to human life.
The defendant must also know their act is dangerous to human life and that they deliberately act with conscious disregard for human life. Proving this crucial element of the crime is often a complex and challenging task.
Suppose the district attorney believes they cannot prove this critical factor to get a conviction. In that case, a DUI that results in someone's death will be filed under California Penal Code 191.5(a), gross vehicular manslaughter while intoxicated, or Penal Code 191.5(b), vehicular manslaughter while intoxicated.
A common question in fatal alcohol-related accidents is when can a DUI be charged as murder in California? Typically, the prosecutor will only file PC 187 murder charges when the defendant has at least one prior conviction for driving under the influence and attended DUI school or they were read a "Watson admonition."
A "Watson admonition" is a standard warning given to defendants convicted of driving under the influence in California. It advises then that a DUI is extremely dangerous to human life and that a subsequent conviction may lead to murder charges.
Notably, however, even without these above factors, the district attorney can file second-degree murder charges whenever there is a DUI fatality. Still, they must be able to prove implied malice, which is when a driver's conduct showed a "wanton disregard" for life, and the driver was especially aware of the risk their conduct created.
Watson Murder - Quick Facts
- A Watson murder is a legal concept in California referring to a second-degree murder charge related to fatal accidents resulting from driving under the influence.
- A Watson murder is a DUI resulting in death charged as murder (PC 187) rather than gross vehicular manslaughter while intoxicated.
- A Watson murder is an implied malice murder while driving under the influence of drugs, alcohol, or a combination of both.
- The crucial factor in Watson murder cases is whether the intoxicated driver acted with implied malice.
- An implied malice is a mental state less than actual intent to kill but still blameworthy enough that a murder charge could be supported.
- If a Watson murder charge cannot be sustained, the driver would likely be guilty of the lesser offense of vehicular manslaughter while intoxicated.
- To convict, the prosecutor must prove you committed an act causing someone's death without lawful justification.
- Malice aforethought can be expressed or implied, and prosecutors will rely on evidence showing that you exhibited implied malice.
- The intoxicated driver does not have to have the intent to kill anyone, only that they intentionally acted with conscious disregard for human life.
- A Watson murder typically involves negligence or recklessness.
What Factors Increase the Chances of a Murder Charge?
The District Attorney (DA) will likely file Watson murder charges against a defendant under the following circumstances:
- Has at least one prior conviction for DUI.
- Attended a DUI school or was read a "Watson admonition" related to the prior offense.
- Had a high blood alcohol content (BAC), such as .15% or higher.
- Had multiple prior convictions for drunk driving or DUID.
- Engaged in extremely reckless driving, such as driving at excessive speed, engaged in a speeding contest, felony reckless evading police.
As noted, a "Watson admonition" is a warning given to California DUI defendants, which informs them that DUI is extremely dangerous to human life and that a subsequent conviction could lead to murder charges.
What Factors Must Be Proven to Convict?
To convict someone for a Watson murder charge will rely on the concept of implied malice, which refers to when somebody acts so dangerously that they must have known they were risking the lives of others, even if they did not intend to harm anyone.
Simply put, this means that the driver understood the risks associated with driving while intoxicated but chose to do so anyway, resulting in a fatal accident. To convict a defendant, the DA must prove the following elements of the crime beyond a reasonable doubt:
- Intentionally commit an act of driving under the influence.
- The natural and probable consequences are dangerous to human life.
- Defendant knew the act was dangerous to human life and
- Defendant deliberately acts with conscious disregard for human life, which is the most difficult factor to prove.
How Can the DA Prove Implied Malice?
Suppose you have been charged with driving under the influence that resulted in a fatality. In that case, the district attorney must prove that you acted with implied malice to upgrade the charge from vehicular manslaughter to second-degree Watson murder.
The DA will have to show that you knew driving under the influence was dangerous but disregarded this risk, leading to somebody's death.
To prove implied malice, they must demonstrate that you acted deliberately, knew getting behind a car's wheel was dangerous, and consciously disregarded the risk to human life. Thus, the evidence that might be used to prove implied malice can include the following:
- Your blood alcohol level (BAC) at the time of the accident.
- Your history of DUI convictions.
- If you attended a DUI education program that highlighted the risks of drunk driving.
- If you received a Watson admonition that subsequent DUIs can result in murder charges if a fatality occurs.
Often, prosecutors pursue a Watson murder charge in any DUI case causing death. However, the cases most likely to be upgraded to second-degree murder are when the defendant has prior DUIs and has received the Watson admonition.
What are the Watson Murder Penalties?
If you are convicted of a Watson murder, the possible consequences are severe compared to vehicular manslaughter. A second-degree Watson murder in California carries the following punishments:
- 15 years to life in state prison.
- A fine of up to $10,000.
- A strike under the Three Strikes Law.
In contrast, gross vehicular manslaughter while intoxicated carries a penalty of four, six, or ten years in prison.
A defendant convicted of DUI murder faces additional and consecutive time in prison if there are additional victims who survive the accident. The amount of prison time that will be added to the sentence is as follows:
- One year for each person with less serious injuries, up to a three-year maximum.
- Three to six years for each surviving victim who suffers great bodily injury, which is described as a substantial injury.
Can a Watson Murder Be Reduced to Vehicular Manslaughter?
A common preliminary defense strategy by a California criminal defense attorney is to challenge the upgraded charges to get a Watson murder reduced to vehicular manslaughter by using any of the following arguments:
- You are a first-time DUI offender.
- You were not given the "Watson admonition."
- You never attended a DUI education program or
- The program you attended did not include a warning of the potential of DUI causing death and the possibility of murder charges for future offenses.
- You did not act with implied malice.
- While you might have acted negligently, you did not consciously disregard human life.
Some of the legal defenses for PC 187 second-degree DUI murder include the following:
- You were not driving under the influence.
- The DUI blood test and DUI breath test results were not accurate.
- Police and lab did not follow the procedures required by Title 17 of the California Code of Regulations.
- You were not the driver (no-driving defense).
- The accident was not your fault.
- There was misconduct by the police or prosecutor.
For additional information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.
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