What is the Watson Murder rule?

In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI-related incident then you can be charged with murder and face a minimum of 15 years to life in prison. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had multiple prior DUI convictions which were used to prosecute him for second-degree murder under the legal theory of implied malice.

Implied Malice is classified as a second-degree murder charge in which the defendant knows the inherent serious and dangerous risks involved with a certain type of conduct, for example drinking and driving, and then goes out and continues this conduct and places others at risk and subsequently ends up killing another person as a result of his conduct.

Watson Murder prosecutions are generally applied to individuals with prior DUI convictions. An individual’s prior conviction or convictions often makes it easier to prove the implied malice element, because their prior conviction makes them aware and places them on notice of the inherent dangers of drinking and driving. In California, if you have been convicted of a DUI, then you will be ordered to participate in and complete DUI related classes in order for you to reinstate your driving privileges. In those classes, as well as attending a Mother’s Against Drunk Driving program, people are made aware of the inherent dangers of drinking and driving.

In most if not all California counties, the courts, require that a defendant to sign the Watson admonition which is a waiver advising them of the dangers of DUI and the potential consequences if they do it again in the future they could be charged with murder.

If you or someone you love has been accused of a DUI in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.