California Penal Code 187 – Watson Murder (DUI Second-Degree Murder)

Overview

A Watson murder is a type of second-degree murder charge filed when someone kills another person while driving under the influence, and had prior knowledge that DUI driving could result in death. It gets its name from the California Supreme Court case People v. Watson (1981), which held that a person with such knowledge may be charged with murder—even without intent to kill.

Watson murder is far more serious than typical DUI manslaughter charges. It carries a 15-to-life sentence and is considered a strike offense. Prosecutors typically file this charge when the defendant has a prior DUI conviction and was given a “Watson advisement” in court or DUI classes.

At Jones Trial Attorneys, we know how to fight these high-stakes charges by challenging the intent element, the validity of the advisement, and the circumstances of the crash. We also use expert testimony to dispute intoxication, causation, or gross negligence.

Legal Definition

Under Penal Code § 187, second-degree murder occurs when a person:

“Unlawfully kills a human being with malice aforethought but without premeditation.”

In Watson murder cases, the malice is implied—not expressed—because the defendant:

• Knew the dangers of DUI driving, and

• Consciously disregarded that risk by driving under the influence

This typically applies when:

• The defendant has prior DUI convictions

• The defendant was given a “Watson advisement” stating that DUI can result in death and murder charges

• The facts show egregious driving behavior (e.g., high speeds, reckless weaving)

Elements of Watson Murder

To prove a Watson murder, the prosecution must show:

1. The defendant committed an act that caused the death of another person;

2. The act was inherently dangerous to human life (i.e., DUI);

3. The defendant knew from prior experience that driving under the influence could result in death; and

4. The defendant acted with conscious disregard for that known danger.

Penalties for Watson Murder

Watson murder is charged as second-degree murder, with sentencing exposure of:

• 15 years to life in state prison

• A strike under the Three Strikes Law

• Up to $10,000 in fines

• Permanent license revocation

• Lifetime felony record and parole supervision

• Restitution to the victim’s family

• Collateral civil wrongful death lawsuits

If there are multiple fatalities, each death may support an additional murder count.

Defenses to Watson Murder Charges

We aggressively defend against Watson murder charges using strategies such as:

• No prior “Watson advisement” – You were never warned of the potential for a murder charge

• No implied malice – You did not act with awareness or conscious disregard of the risk

• Causation issues – Someone else caused the accident, or outside factors were involved

• Challenging intoxication – The blood alcohol or drug test results may be flawed or inconclusive

• Suppression motions – Illegal police stop, search, or interrogation

• Alternative charges – Reduction to PC 191.5 (vehicular manslaughter while intoxicated)

We also highlight positive background factors and build strong mitigation to pursue plea negotiations or sentencing alternatives when trial is not in the client’s best interest.

Immigration and Collateral Consequences

Watson murder is considered a violent felony, and has life-altering effects:

• Deportation and permanent inadmissibility for non-citizens

• Lifetime firearm ban

• Disqualification from most jobs, licenses, or security clearances

• Barriers to parole, education, and housing

Related Offenses

• PC 191.5(a) – Gross Vehicular Manslaughter While Intoxicated

• PC 192(c) – Vehicular Manslaughter

• VC 23153 – DUI Causing Injury

• PC 187 – Traditional Second-Degree Murder

How Jones Trial Attorneys Can Help

Watson murder charges are some of the most complex and emotionally charged cases in California criminal law. They require expert legal strategy, forensic investigation, and compassionate representation.

We fight from day one to challenge the legal basis for the murder charge and push for the most favorable resolution possible.

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Charged with Watson Murder? Call Immediately.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.