Watson Murder Overview

A “Watson Murder” is named after a California case in which a multiple DUI offender was convicted of second degree murder based on the court’s finding of “implied malice.” See People v. Watson (1981), 30 Cal.3d 290. Due to the outcome of this case, anyone with a prior DUI conviction who accidentally a person while driving in an intoxicated state can be prosecuted in California for murder.

Also due to People v. Watson, individuals who are convicted of a DUI in California must acknowledge, either verbally or in writing, to a “Watson Admonition” at the time they receive their sentencing. Acknowledging this admonition means that you understand that driving while under the influence of drugs or alcohol is dangerous to human life and that if you kill someone the next time you drive while under the influence, you may be charged with murder.

Second degree murder stemming from a DUI is the most serious of California’s felony DUI charges. Since a Watson Murder requires proof of implied malice, it can be charged as murder under California Penal Code Section 187.

For you to be convicted of this crime, the prosecution must prove that a death of a human being resulted from an intentional act, that the direct and natural consequences of that act poses a danger to human life, and that you consciously and knowingly disregarded that fact when you acted (implied malice).

A conviction for a Watson Murder can result in imprisonment for a period of 15 years to life in state prison and/or a maximum fine of $10,000. A Watson Murder conviction also qualifies as a “strike” for the purposes of California’s “Three-Strikes” law. (See “Three-Strikes” law)

A DUI murder, or Watson Murder, is a serious offense that brings with it severe consequences. If you find yourself facing murder charges resulting from a DUI, it is imperative that you contact an experienced criminal defense attorney who can ensure that your rights are adequately represented. At Wallin & Klarich, our attorneys have over 30 of experience in helping clients defend against murder charges stemming from a DUI. We will work with the facts of you case to formulate the defense strategy that will produce the best possible results for you. Call us today at 888-749-0034. We will be there for you when you call.