After I was arrested for a DUI recently a friend told me I should be aware of “Watson Murders”. What exactly does that term mean?

The term “Watson Murder” comes from a 1981 California case, People v. Watson. Simply stated, the rule of law is that in order to convict someone of murder there must be “Malice”. When it comes to DUI cases, where a death results, prosecutors can file second degree murder charges under a theory of “implied malice”, based on the circumstances of the individual case. For example, if the defendant in a particular case is driving 80 mph in a 25 mph school zone, ends up killing a child and then is found to have a blood alcohol level of .15 or higher, there is a significant chance that person will be facing a murder charge.

Additionally, anyone with one of more prior DUI’s in the last 10 years who drives under the influence and kills another will likely be facing a charge of second degree murder.

One way the courts are dealing with this issue is by providing notice to all those who plead guilty to DUI. In the so-called “waiver of rights” form, or Tahl waiver, there is a specific notification called a “Watson Advisement” that all must read and initial. The advisement indicates:

“It is extremely dangerous to human life to drive while under the influence of alcohol and/or drugs, and if you kill someone while you are DUI, California prosecutors may charge you with murder.”