If I Was Convicted Of A DUI In California In 1980 – Prior To The Ruling Of People vs Watson – And I Happen To Kill Someone While Driving Under The Influence Of Meth, Can I Still Be Prosecuted For 2nd Degree Murder?

The answer is yes. In fact, you can be charged with 2nd degree murder even if you have never been convicted of a DUI.  For 2nd degree murder prosecutions in DUI cases in California the prosecution will typically rely on a theory that the defendant acted with implied malice.  That is, the defendant knew that driving under the influence was dangerous to human life and they disregarded that knowledge and drove under the influence anyways and killed someone in the process.  The trick for the prosecution in these cases is proving that the defendant was aware at the time that driving under the influence was in fact dangerous to human life.  With the prevalence of DUI cases and awareness this is often not a difficult task for the prosecution.