While drinking and driving is not illegal, it is unlawful to drive a vehicle while under the influence of alcohol and/or drugs OR with a blood alcohol concentration of .08% or more. More importantly, it is dangerous to human life. Passengers, other drivers and pedestrians can be killed if you are driving while impaired, and you can be charged with MURDER and serve life in prison.
Under the Watson murder theory in California, a driver can be charged with 2nd degree Murder as a result of causing the death of another while driving a vehicle under the influence. If the prosecutor can prove that the driver drove the vehicle with “implied malice” or a conscious disregard for human life, then an accident-related DUI causing death can be charged as Murder.
When considering whether or not to charge a DUI accident causing death as Murder, the prosecutor will review the driver’s past driving and criminal history, current driving pattern (speed, reckless nature, traffic violations, etc.), prior knowledge or warnings of the dangers of drinking and driving, and level of intoxication.
While prosecutors go through a decision-making process in all cases re charges, there is none more crucial than in a Watson murder evaluation. The prosecutor has much discretion in this area and the decision in any given cases can vary from county-to-county, court-to-court and prosecutor-to-prosecutor. The final decision will directly affect whether you are looking at a possible life sentence or not.
Thus the importance to consult with and hire a criminal defense attorney who is well-versed in Watson murder cases. An attorney who can contact the prosecutor immediately in an attempt to influence the prosecutor’s decision-making process.
Get the competent representation you will need for your defense. Wallin & Klarich has been handling Watson Murder cases for decades. Contact style attorneys at Wallin & Klarich to represent you in this difficult and stressful time in your life. Visit our website at www.wklaw.com and feel free to cal us at 888-280-6839. We will be here when you call.