Known as a Watson murder charge, DUI murder is typically charged whenever a person has prior notice of the potential for fatal consequences for driving drunk.
If you drive under the influence of alcohol or drugs and kill someone as a result, you could be charged with murder. This decision to charge a fatal accident involving DUI rests on a number of factors — including whether the driver previously had a DUI.
Drunk driving has the potential to seriously injure or kill other people. According to the Centers for Disease Control and Prevention, 28 people die every day in crashes related to drunk driving. That is the equivalent of one death every 53 minutes.
In California, the potential for fatal car crashes involving drunk drivers has led to strict rules regarding charging drunk drivers who kill others with a felony DUI murder charge. As a DUI lawyer in Pomona, CA can tell you, it is very difficult to defend against these charges because prosecutors take DUI fatalities very seriously.
Watson Murder
A DUI murder charge is also known as a Watson murder. This name comes from a 1981 California case where a drunk driver (with the last name Watson) was convicted of murder for killing someone when driving drunk. It is charged whenever a person has had at least one prior DUI conviction and causes an accident while driving impaired that kills another person. The prior DUI conviction is a key element of this offense, because it shows that the person has been warned of the risks of driving under the influence. It does not matter if the person who is killed is another driver, a passenger in the defendant’s car, or a pedestrian; if a drunk driving accident causes the death of another person, it could be charged as DUI murder.
A DUI murder is charged whenever a person has previously been given what is known as a Watson warning — that another DUI could lead to murder charges — or whenever a person has attended mandatory DUI classes a result of a prior DUI conviction. Either of these items will demonstrate that a person is aware of the dangers of drunk driving, which will open them up to a DUI murder charge. However, if a person has not had a prior DUI, received a Watson warning or gone to DUI school, they will likely be charged with either gross vehicular manslaughter or vehicular manslaughter instead.
There are three elements of a DUI murder charge: (1) that you committed an intentional act that resulted in someone’s death; (2) the natural consequences of that act are dangerous to human life; and (3) you knowingly acted with conscious disregard for that danger. It is not required that the prosecution prove that you intended to kill someone — just that you knew the danger and disregarded it.
If you are convicted of DUI murder in California, you will have a felony conviction on your record. You may be sentenced to 15 years to life in the California state prison, a fine of up to $10,000 and a strike on your record pursuant to the California three strikes law. You could also face additional charges for injuries caused to other people in the accident.
DUI murder charges are serious, and require the assistance of a skilled DUI lawyer. In Pomona, CA, call the Chambers Law Firm at 714-760-4088 or email us at dchambers@clfca.com to schedule a free initial consultation. We will vigorously fight for your rights and your freedom!
