DUI Murder or Vehicular Manslaughter?
We Californians spend much of our lives in cars. Not only is driving necessary for transportation to and from work or school, but it is also gives us the freedom to enjoy all that this great state has to offer. To many of us, a driver’s license symbolizes freedom. We never once think that something so intertwined with our everyday lives is the very thing that could take away our freedom, but that is exactly what will happen if you are convicted of DUI murder, also known as a Watson murder.
How You Can Be Charged with DUI Murder
If you are charged with any kind of murder, one of the elements that the prosecution must prove is that you had a mental state that makes it possible to blame you for the death of another person. In the landmark 1981 case People v. Watson,1 the California Supreme Court ruled that driving under the influence is an act that implies that kind of culpable mental state required for second-degree murder because it meets the qualities of having malice aforethought. An act that is done with malice aforethought is an act that is:
- Intentional;
- Has natural and probable consequences that are dangerous to human life;
- Known by the defendant at the time he or she acted to be dangerous to human life; AND
- Deliberately done with conscious disregard for human life2
For second-degree murder, it is not that the killing is done intentionally, but rather that the act that causes the death is done intentionally. This means that if you committed a Watson murder, you would not be convicted because you intended to kill someone. Instead, you would be found guilty because you knew that driving under the influence was dangerous, and that someone could possibly die from your actions, but you drove anyway.
Why am I Charged with Murder Instead of Manslaughter?
Watson murder is one of three felony crimes that involve driving under the influence and the death of another person. The other crimes are:
- Gross vehicular manslaughter while intoxicated (Penal Code section 191.5(a))
- Vehicular manslaughter while intoxicated (Penal Code section 191.5)
Each of these crimes requires you were driving under the influence and that the killing resulted from an unlawful misdemeanor act, or an otherwise legal act that was committed in an unlawful manner. These two crimes are fundamentally the same, except that the first requires “gross negligence,” which means that you are considered to have exercised a degree of care that was so slight that the jury can presume that you were consciously indifferent to the possible consequences that could result from your driving under the influence.3
The difference in the mental state required for Watson murder and gross vehicular manslaughter is very slight, but important. For a Watson murder, the prosecution must prove that you were aware of the extreme danger that drinking and driving poses to others, and that you made a choice to disregard that danger. For gross vehicular manslaughter, the prosecution needs to prove that you acted in a way that a reasonable person would know was dangerous. Proving the mental state for Watson murder is far more difficult for the prosecution than proving the mental state for gross vehicular manslaughter while intoxicated because prosecutors must prove that you specifically knew that driving under the influence was dangerous and that you ignored the danger.
This is why Watson murder is usually charged only if you have a prior DUI conviction. All California courts require defendants who are convicted of a DUI offense to sign the following advisement, which can be used against you in a Watson murder trial:
“I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. 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.”
Different Mental States Result in Different Penalties
Watson murder’s penalties are the same as that of second-degree murder. If convicted, you face 15 years to life in prison a fine of up to $10,000.
Penalties for gross vehicular manslaughter with DUI are much less severe. If convicted, you face up to 10 years in prison and a fine of $10,000.
In addition, with gross vehicular manslaughter, you may also be eligible for supervised probation instead of serving a prison sentence. This is why having an experienced criminal defense attorney on your side is critical. Your attorney can argue that the prosecution cannot prove that you meet the required mental state for Watson murder, which could result in a reduced charge or even a verdict of not guilty.
Contact Wallin & Klarich If You Have Been Charged with Watson Murder
If you are facing a murder charge as a result of driving under the influence, you should retain the help of an aggressive and experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending people like you who have been wrongfully accused of murder and vehicular manslaughter. Let us help you now.
With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a skilled Wallin & Klarich DUI defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [People v. Watson (1981) 30 Cal.3d 290.]↩
2. [See CALCRIM 520: First or Second Degree Murder With Malice Aforethought (Pen. Code, § 187).]↩
3. [See People v. Costa (1953) 40 Cal.2d 160, 166 [252 P.2d 1].]↩
