Sadly, accidents occur every time on our roads and can happen to anyone. However, what turns an accident into a criminal offense relates to how reckless the person was driving or whether he/she was under the influence of illegal drugs or alcohol. If you are under arrest or charged as a suspect in a DUI (driving under the influence) case that involves a fatal accident, the prosecutor could file Watson murder charges against you.
As the most grave DUI-related charge you can face on the Penal Code, a Watson murder charge could attract harsh and life-changing consequences upon conviction, including the possible life in jail. Because of this, hiring an experienced attorney would be a wise decision if you are under investigation or detained as a suspect in any Watson murder case. After all, your future and reputation are at stake.
A skilled and seasoned attorney can aggressively represent you during the investigation and at each court proceeding to increase your chances of securing a favorable outcome.
Watson Murder Offense at a Glance
Also known as DUI murder, Watson murder is a form of PC 187 second-degree murder that occurs when you cause the death of another person while operating a vehicle under the influence of drugs or alcohol.
The name “Watson murder” comes from the 1986 Supreme Court criminal case of People v. Watson, where the court ruled that Watson’s (the defendant's) disregard for people's lives and safety was the main difference between murder and a standard drunk driving case.
Based on this landmark criminal case’s ruling, the prosecutor can file second-degree murder charges under Penal Code (PC) 187 against any driver who is under arrest for causing another person's death while driving under the influence. However, the prosecutor must prove that the intoxicated driver acted with malice aforethought or implied malice to secure a conviction against you under PC 187.
Unlike a first-degree murder charge, the prosecutor does not have to prove that you had the intent to kill the victim to secure a Watson murder charge conviction against you. All that the prosecutor needs to secure a conviction against you under this statute is enough evidence to prove that you acted with malice aforethought. You will learn more about the meaning of “implied malice” in the next paragraph.
Factors That Can Increase the Chances of the Prosecutor Filing Watson Murder Charges Against You
Whether or not the prosecution team will file Watson murder charges against you will depend on the factors of your unique case. The prosecutor is more likely to file DUI murder charges against you under PC 187 in any of the following circumstances:
- You have one (1) past DUI conviction on your record, and you did the following
- Signed the “Watson admonition.” The Watson admonition is typically a caution or warning to inform you that drunk driving is dangerous, and a subsequent DUI offense could attract murder charges
- You attended a DUI school, meaning you received lessons about the risks of drunk driving on other people’s safety and life
- Your blood alcohol concentration (BAC) level exceeded 0.15%
- You have multiple DUI convictions on your record
- You were driving beyond the posted speed limit for that location or engaged in an auto-speeding contest
Generally, the main reason that will make the prosecutor file Watson murder charges against you after an arrest as a suspect in a DUI case involving another person's death is that the court already warned you about it after your first DUI conviction.
What Should the Prosecutor Prove to Secure a DUI Murder Charge Conviction Against Me?
If securing a favorable outcome at the pretrial hearing is impossible, your attorney must prepare to challenge the allegations you are up against at trial. During this hearing, the prosecution team must prove the following facts to secure a Watson murder charge conviction against you under PC 187:
You Were Aware of the Risks of Drunk Driving
It is a common misconception that everyone is aware of the possible risks associated with driving while intoxicated, but this is not an issue the court can assume. To secure a Watson murder charge conviction against you, the prosecution team must prove that you are aware of the dangers and the consequences of drunk driving, but you decided to do so anyway.
You Acted With Implied Malice
Secondly, the prosecutor must provide evidence to prove that you acted with malice aforethought or implied malice, meaning you consciously disregarded the safety and lives of other people.
If the prosecutor can provide evidence to prove that your behavior was reckless, the court could convict you of a DUI murder charge.
Operating a Vehicle Under the Influence Was the Direct Cause of the Fatal Collision
To secure a Warson murder charge conviction against you, the prosecution team must prove that your actions were the direct cause of the fatal accident. That means if you were not drunk driving, the fatal collision or accident would not have occurred. To prove you were drunk driving, the prosecutor can present your breathalyzer test results and field sobriety test results at trial.
Being able to prove to the court that you committed a Watson murder offense and that the allegations you are up against are true beyond a reasonable doubt will require the prosecutor to provide sufficient evidence to support his/her arguments. If the prosecutor's evidence is insufficient to support his/her arguments or is unclear, the court could drop or reduce your charges to a lighter charge.
What the Prosecutor Needs to Prove the Concept of Implied Malice Applies in a Watson Murder Case
The idea of implied malice is the one aspect of the offense that the prosecution may find most difficult to prove during the trial. Aside from proving that you were drunk driving, the prosecution team must satisfactorily prove that you acted with malice aforethought.
That means you were aware that drunk driving is risky and can increase the chances of causing a fatal accident. Examples of evidence that can help the prosecution team prove that you acted with malice aforethought include:
- Your BAC level at the time of the arrest
- Your past DUI conviction record
- You attended DUI school and received the necessary education about the dangers of drunk driving
- You signed or received the Watson admonition, which warns you that subsequent DUI offenses could attract murder charges when a fatality occurs
Another way the prosecutor can prove that you acted with malice aforethought for a DUI murder charge conviction under PC 187 is by showing the court that your career or profession relies on you knowing and understanding the dangers of drunk driving. For example, that would be possible if you are an Emergency Medical Technician (EMT), bartender, or drug and alcohol counselor.
Retaining the services of a seasoned defense attorney is the only way to stay on the safest side of the law if you are under investigation, arrested, or charged with a DUI murder offense. An experienced attorney who understands how local judges and prosecutors treat these types of cases will know the best defense arguments that can work in your favor to secure the best possible outcome.
Applicable Legal Defenses for a PC 187 Watson Murder Charge
Since every case is unique, your attorney must keenly investigate your case to know the best defenses to challenge the allegations you are up against to secure a favorable outcome. Below are examples of legal defenses that could work in your favor to secure a desirable outcome if you are under arrest or charged with a Watson murder offense under PC 187:
- You did not operate a vehicle while intoxicated by drugs or alcohol
- The accident or collision was another person's fault
- You did not sign or receive the Watson admonition
- The police did not follow the proper arrest procedure
- Your BAC test results were inaccurate
- The intoxication was involuntary
- The prosecutor's evidence against you is insufficient
- You are a victim of mistaken identity
- You were not the driver
If, unfortunately, the prosecutor secures a Watson murder charge conviction against you, all hope is not lost. During the sentencing hearing, a skilled attorney can present various mitigating arguments and evidence to secure a lighter sentence, including the following:
- You do not have a criminal record
- The DUI program you attended after your first DUI offense conviction did not include lessons on the dangers of drunk driving and the possibility of a murder charge on a subsequent DUI offense
- You are remorseful for your actions
- You are willing to enroll in an alcohol and drug rehabilitation program
If these mitigating arguments work to your advantage, the judge will likely award you the minimum sentence possible for a Watson murder charge conviction.
Potential Penalties and Consequences of a Watson Murder Charge Conviction Under PC 187
As mentioned above, the prosecutor will file any DUI case that involves the death of another person, “Watson murder,” as a second-degree murder charge. Like any other murder charge, the Watson murder charge is a felony in the eyes of the law.
If the prosecutor secures a Watson murder charge conviction against you, the penalties you will receive will depend on your criminal background and the unique facts of your case. Here are the standard legal penalties and consequences you should expect after a Watson murder charge conviction under PC 187:
Imprisonment
Unfortunately, felony charges attract lengthy jail terms. When the prosecutor secures a Watson murder charge conviction, your term of incarceration could range from 15 years to life in prison.
Fine
The court will likely impose a financial penalty or fine if you are guilty of a Watson murder offense. Generally, the court will require you to pay a fine of up to $10,000 in addition to the jail time upon a Watson murder charge conviction.
Probation
While it is rare in murder cases, with proper and convincing mitigating arguments, the court could award you probation instead of jail time. However, you must comply with various probationary terms and conditions, including:
- Enroll in a counseling session
- Enroll in alcohol education classes
- Stay crime
- Perform community service
It is worth noting that when you violate the terms of your probation, the court will issue the police with an arrest warrant, authorizing them to arrest and detain you. In this situation, there is a high chance the court could require you to serve the maximum jail sentence necessary for a Watson murder charge conviction.
Restitution
The court could also require you to pay damages to the family of the believed. Some of the losses the court will expect you to cover include:
- Funeral expenses
- Medical expenses accumulated before the demise of the person
- Burial expenses
Revocation of Your Driver’s License
Unfortunately, a Watson murder charge conviction will make the Department of Motor Vehicles (DMV) revoke your driver’s license, regardless of your driving experience. The revocation of your driver's license means you could lose driving privileges for several years, if not forever.
A Strike Under the Three Strikes Law
A Watson murder charge conviction will count as a “strike” under the Three Strikes Law, meaning if you are guilty of any felony offense in the future, you could receive enhanced penalties, including up to life in prison.
A Criminal Record
Like any other criminal offense, a DUI murder charge conviction will remain on your criminal record. That means any person who wants to know your criminal history, including potential employers, will know you have a DUI murder charge conviction on your record, lessening your odds of securing reliable employment after serving your sentence successfully.
Find a Defense Attorney Near Me
Hiring a lawyer is a crucial first step, especially in light of the possible grave penalties you could face upon a Watson murder charge conviction. With the help of a seasoned and aggressive defense attorney, you could stand a chance of securing a favorable outcome in a criminal justice system that is not on your side.
We invite you to call our reliable and competent defense attorneys at Jonathan Franklin DUI attorney at 323-464-6700 if you or a loved one is under arrest or investigation as a suspect in a DUI case that involves a fatal accident in Los Angeles.
