What is DUI Causing Death?

When law enforcement officers arrest you over a DUI-related accident, you might face DUI homicide, commonly known as "Waston Murder." The law considers the crime a felony. Also, the law categorizes the offense as second-degree murder. You face incredibly severe penalties when charged with the crime of a standard DUI defendant.

You want to understand what constitutes the Watson murder case, the elements of the crime, the potential penalties, and how you can fight the charge. Therefore, when accused in the Watson murder case, you want to seek legal help as soon as possible. Ensure you work with a DUI attorney experienced in handling all DUI cases, including the Watson murder cases.

The Legal Meaning of DUI Causing Death in California

Under California laws, DUI causing death is known as "Watson murder." It is a form of murder classified as second-degree murder. You face a DUI homicide charge when you have a prior DUI conviction, and, while committing another DUI offense, you cause death. "Watson Murder" originated from a criminal case tried at the Supreme Court titled People vs. Watson. To learn more about the Watson murder case, you want to seek legal assistance from your DUI attorney.

What are the Elements of DUI Causing Death?

Before you face conviction for the crime, the prosecution team must prove that your actions included implied malice. The prosecution team must demonstrate three main factors to prove implied malice in your behavior. The factors are the elements of DUI causing death. They include:

• You committed DUI while under the influence of alcohol or drugs, which resulted in the death of someone.
• The natural impacts of your behavior were dangerous to other people's lives.
• You ignored the danger you posed while operating the vehicle under the influence of alcohol or drugs.

Note that your intent to kill the victim makes it unnecessary for you to face conviction. Unlike murder in the first degree, the prosecutor does not need to prove your intent to kill the victim. Therefore, this is the main difference between murder in the first degree and the Watson murder case. However, the prosecution team must show your actions involved implied malice. It means the prosecutor must show you ignored the potential danger posed by DUI to other road users.

How the Prosecution Team May Establish Implied Malice

For the prosecutor to show implied malice, they must show that you knew the potential risks involved when you operated a vehicle while under the influence of alcohol or drugs. Usually, the prosecution team will do all this when they demonstrate that:

• You signed or read the Watson advisement after the initial DUI conviction.
• You completed a previous DUI class that the court approved after committing a DUI offense.
• You were aware of the potential risks of DUI to other road users. For example, you are a law enforcement officer who knows the possible risks of DUI.

Per the People vs. Watson case, any defendant found guilty of drugged or drunk driving should be issued a "Watson admonition" at their sentencing hearing. Sometimes, the criminal court judge may decide to read the admonition to the defendant. Also, the judge may require you to sign a warning form. The prosecutor must also prove the criminal court judge issued you with a Watson advisement after your previous DUI conviction by:

• Issuing a court summary about the general court proceedings showing the criminal court read the Watson admonition.
• Presenting evidence of the Tahl waiver that you signed when entering a guilty verdict.

Attending a mandatory DUI school approved by the court can also play a key role in justifying implied malice for a Watson murder conviction. The prosecutor will present course material and course records before the criminal court. When the material indicates you were warned about the potential consequences of drunk driving, it will establish implied malice. So, this will support your conviction.

Recently, the prosecution team began charging DUI, causing death under various DUI offenses. In 2017, a paramedic faced second-degree murder charges. The paramedic hit and killed a person along the road. The prosecution team believed he could have had better reasoning since the accused was a paramedic.

What are the Common Features of DUI Causing Death?

In many Watson murder cases, certain factors are present. These factors include the following:

• The alleged defendant had many past DUI convictions.
• The accused recklessly operated a vehicle.
• The defendant intended to operate the vehicle after taking alcohol or drugs.
• The accused had a high BAC level.
• The defendant knew the potential consequences of operating a vehicle while under the influence of alcohol or drugs.

When the prosecutor finds it challenging to establish all these factors, the court may decide to charge you with vehicular manslaughter while impaired. When you find yourself in a similar situation, you want to seek legal help from your attorney. The attorney will let you understand more about the case.

The Legal Penalties for DUI Causing Death

Like other criminal offenses, DUI causing death attracts penalties. The penalties are even worse than the standard DUI penalties. In California, the Watson murder case carries the following penalties:

• A strike in your criminal record under California's three strikes law.
• A jail term of fifteen years.

Remember, if you face a strike on your criminal record, the strike could double your prison time when you commit a felony offense in the future. Again, if you have two previous DUI convictions and you commit another felony offense in the future, you will face a mandatory twenty-five-year jail term. You will also face additional penalties when there are survivors of the accident. According to California laws, the additional penalties include the following:

• Three to six years in jail for every surviving victim who sustained great injuries.
• 12 to 36 months in jail for every victim who suffered minor injuries.

The Legal Defenses of DUI Causing Death

Facing an offense for DUI causing death can be a frustrating experience. Fortunately, you still have the chance to fight the charge. You can do this by seeking legal help from a well-skilled and competent criminal defense attorney. The common legal defense for violating California PC 187 falls into four main categories. The following are the common defenses your criminal defense attorney can use to fight the charge:

• You Did not Drive the Vehicle While Under the Influence of Drugs or Alcohol

You cannot face a conviction for DUI causing death when you did not operate a vehicle while intoxicated. So, your criminal defense lawyer can challenge the arrest and the charge. So what should your attorney do to demonstrate you never operated the vehicle while intoxicated? The attorney must be well conversant with California DUI laws and legal processes. Your attorney needs to do the following:

• You were not behind the wheel during the commission of the crime.
• The police and the lab did not follow the legal rules required by the law.
• The blood test, or DUI breath, was inaccurate.

Remember, you do not have the burden to show you did not operate the vehicle while under the influence of drugs or alcohol. The prosecutor must prove all the elements of the Watson murder case. If the prosecutor fails, the court will drop the case.

• You Were Not at Fault for the Accident

Another defense to fight the charge revolves around the party at fault for the accident. Driving under the influence of alcohol does not necessarily mean you are at fault for the accident. The accident could result from another factor. For example, the accident could have resulted from road hazards, among other factors.

So, you require the services of an experienced criminal defense attorney. You also need the services of reconstruction experts. The officers will do everything possible to determine the real cause of the accident. When this happens, the fault of the accident could be another factor. The criminal court judge will also drop the case or reduce the charge.

• Police or Prosecutor Misconduct

Do you know that the police or the prosecutor can violate your constitutional rights during your arrest? Regardless of whether you face severe charges, the prosecutor and the police must also protect your rights. So, if you suspect the police or the prosecutor ignored your rights, share the matter with your criminal defense attorney. Your attorney could present a pitchess motion. The motion will give the attorney authority to obtain the arresting official's record.

When the court finds that police misconduct was involved, the judge will order an exclusion of the evidence obtained through the misconduct. In some instances, the exclusion of evidence resulted in the case's dismissal. Again, the prosecutor may convict you of a less severe charge like vehicular manslaughter.

• Your Acts Did not Involve Implied Malice

Your acts must have implied malice for you to face conviction for committing the crime. When the prosecutor proves implied malice, you face conviction. However, establishing and challenging malice could be difficult. The following facts may show that no implied malice acts were involved in your case:

• The judge did not read Watson's advice in your previous DUI conviction.
• The previous school program did not show the potential warning for driving a vehicle while under the influence of alcohol or drugs.
• You were unaware of the potential risks of a DUI.

Also, your criminal defense attorney may argue that your actions did not reach the level necessary to justify disregard for other road users. For the success of your case, you want to work with an attorney conversant with the California legal system. An attorney with a few years of experience could improve your situation. So, be wise when choosing the DUI attorney to work with.

Watson Admonition

The court issues a Watson admonition to defendants who plead guilty to DUI-caused deaths. By doing so, the prosecutor finds it easy to prove the case. During sentencing or when pleading guilty, the criminal court admonishes the driver that operating a vehicle while under the influence of drugs, alcohol, or both is dangerous to the safety of road users.

The court will also insist that when the defendant keeps operating the vehicle while intoxicated and kills someone, they face a murder charge. Apart from being practical and accurate advice, the lawful focus of the Watson admonition is to fight any argument from the accused in a future Watson homicide that results in a death.

The admonition ensures the defendant will have no room to defend themselves when they commit a Watson murder in the future. That is why a Watson homicide case is mainly brought in cases involving a repeat offender.

You should also know that the prosecutor can charge you with the Watson murder when your case includes a high BAC level, prior DUI convictions, felony reckless evading a law enforcement officer, and excessive speeding.

What is the Legal Meaning of the Watson Advisement?

Usually, the prosecution team will charge the driver with Watson homicide when the driver is issued with a previous Watson warning or Watson admonition after committing a DUI offense. According to California laws, the court may require the driver to sign a Tahl waiver or Tahl warning. The document outlines the potential dangers and risks of operating a vehicle while intoxicated. The document provides a summary of the consequences of impaired driving.

The accused should indicate "yes" on the box to acknowledge they understand the advice. The court can use the advice in future DUI cases to show that the defendant knows the potential risks of operating a vehicle while intoxicated.

DUI Causing Death Conviction Process in California

The DUI laws in California are harsher for defendants facing DUI homicide than for other DUI defendants. The current DUI legal process focuses on repeat offenders. Usually, the legal process begins when law enforcement officers pull you over for routine traffic checks or suspected DUI driving. The law enforcement officer investigates whether the driver is sober or intoxicated.

The police verify whether the driver is sober or intoxicated by requesting that they submit to a breath test. Again, the law enforcement officer can take the motorist to the police station and ask them to submit to a blood test. Law enforcement officers claim you are drunk when the blood test exceeds 0.08%. Also, the test allows law enforcement officers to issue a notice of suspension of a driver's license after taking the license.

As the accused, you should contact your criminal defense attorney to help schedule an administrative hearing within ten days of your arrest. Before you appear for the hearing, you want to discuss the case with your attorney. Your trial will kick in immediately if the prosecutor collects sufficient evidence against you.

Why You Need to Work with a DUI Attorney

In California, Watson cases are handled in court as the law considers their crimes. So, the accused can represent themselves in court or hire an attorney. It is recommended that when you face a homicide charge, you not handle the legal process by yourself. You want to hire a competent DUI attorney. Working with an attorney will boost your chances of easily winning the case.

Many public defenders have a high workload, making representing their defendants difficult. The defendant finds it challenging to choose a public defender as the official is performing free services. When you depend on the public defender, your chances of receiving a fair hearing and sentence are low.

Both private attorneys and public defenders have the experience and expertise to help you win your case. Since the Watson murder charges carry more severe penalties than standard DUI charges, you want to work with a DUI attorney with vast experience who is available around the clock.

Regardless of the attorney fees, you can always find an attorney you can afford. Working with a private lawyer allows you to be represented in criminal court. An experienced attorney can analyze your case in multiple dimensions and ensure you obtain fair sentencing. Also, working with a top attorney can ensure you cut the time you spend walking in and out of court. Unlike public defenders, a private DUI attorney can help you discuss your situation on a one-on-one basis and discuss the situation of your case with you.

Therefore, you want to be wise when handling your DUI homicide case. Take your time choosing who to work with during the legal process. Choose the best attorney for the best case output. You can check the customer reviews of the attorney on their websites before you work with them.

Contact a DUI Attorney Near Me

When you face a Watson murder charge, you do not want to fight the charge on your own. You have the right to hire an experienced and aggressive DUI attorney. The attorney will help you understand the legal process and how you can develop a strong defense strategy to help you fight the charge.

At California Criminal Lawyer Group, our attorneys have many years of experience handling DUI cases, including Waston murder cases. So, if you seek legal help in San Jose, California, we are ready to work with you immediately. Contact us today at 408-622-0204 and speak with one of our top DUI attorneys.