If have a prior DUI conviction, you can be charged with murder if someone dies while you were driving under the influence.
We know that driving under the influence (DUI) of alcohol or drugs is against the law, and can result in serious criminal charges. But is there a situation where you can be charged with murder based on a DUI?
According to a homicide defense attorney in Kern County, you can be charged with murder from driving under the influence — but only in specific circumstances. This type of offense is known as “Watson murder,” after a 1981 California Supreme Court case, People v. Watson. In the Watson case, the court found that a DUI driver who causes a fatal accident can be convicted of murder, if the driver acted with something called “implied malice.”
What is implied malice? It does not mean that a person intended to cause someone’s death or even that they had bad feelings towards the other person. Instead, a person is said to act with implied malice when they intentionally commit an act that is dangerous to human life, such as driving under the influence. At the time the person acts, they must know that the act is dangerous to human life, and then deliberately acts with a conscious disregard for human life.
In a DUI case, if a prosecutor cannot prove that a person acted with a “conscious disregard for human life,” then the case will typically be charged as either gross vehicular manslaughter while intoxicated or vehicular manslaughter while intoxicated.
So what is implied malice in DUI cases that lead to a death? Watson murders are usually only charged with a person has at least one prior conviction for DUI and the person was given what is known as a “Watson admonition” or attended DUI school. A Watson admonition is a warning given to individuals convicted of DUI that driving under the influence is extremely dangerous to human life and that another conviction may lead to murder charges.
Importantly, a DUI murder can be charged even if a person has not received a Watson admonition or attended DUI school. This may occur when a driver’s conduct shows a wanton disregard for human life, and the driver was particularly aware of the risks of their conduct. For example, if an emergency room physician drives drunk and strikes a pedestrian, killing them, then the doctor may be charged with DUI murder. This is because an ER doctor should be even more aware of the dangers of drunk driving than an average person.
The penalties for DUI murder may include 15 years to life in California state prison, a fine of up to $10,000 and a “strike” for purposes of California’s Three Strikes Law. Because the potential consequences of a DUI murder conviction are so high, it is critical to retain a skilled homicide defense attorney in Kern County to represent you if you are in a fatal DUI accident.
At the Chambers Law Firm, we advocate for individuals charged with all types of murder, including DUI murder. We will work hard to develop strong factual and legal defenses to the charge against you — and help you achieve the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
