Legal Question in DUI Law in California

A Watson murder is a second degree murder charge after a DUI accident causing death.

It is based on the theory that the defendant knew the dangers of driving drunk, but did it anyway, with conscious disregard for the lives of others.

For the past few years, judges have been required to read the following advisement to every person convicted of drunk driving in California:

"You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder."

Since the advisement is part of the court's records, it would be easier for the DA in a future case to prove the defendant knew the dangers of drunk driving.