DUI accidents that lead to loss of life are often not easy to overcome. The consequences for violating the law can be serious, and they could involve forfeiting your right to operate a vehicle, spending time behind bars, risking your professional career, and facing financial hardships due to higher insurance rates and fines. The most efficient way to defend yourself against these charges is to hire a professional lawyer. In this blog, we'll talk about what a DUI causing death means in detail.
Understanding DUI Causing Death
When a DUI leads to someone's death, you could be charged with any of the three additional offenses in addition to the DUI as per California Law. They include the following:
- Vehicular manslaughter while intoxicated.
- Gross vehicular manslaughter while intoxicated.
- DUI murder.
Vehicular Manslaughter While Under the Influence
This is the least serious of the three crimes. It's defined under California PC 191.5b as the unlawful murder of an individual while operating a vehicle but with no gross negligence or a malice aforethought intention. This means that the degree of negligence is the only distinction between the two charges, which are both considered to be gross vehicular manslaughter.
The prosecution could choose to press charges for a less serious offense of vehicular manslaughter while intoxicated if it appears that your acts while DUI was more like an arbitrary lapse in care (ordinary negligence) than a blatant disregard for others' safety (gross negligence).
Gross Vehicular Homicide While Under the Influence
This is the second-most serious DUI crime. It is governed by provisions of California PC 191.5a. It is essentially the same offense as Vehicular Manslaughter while under the influence, with a few exceptions:
- This accusation contrasts "gross negligence" with "ordinary negligence".
- It's considered a felony crime.
- If found guilty, the consequences are harsher.
Let's analyze the distinctions between gross and ordinary negligence in law so that you're able to better understand the distinctions between the two offenses.
Ordinary negligence relates to failing to exercise reasonable caution, whereas gross negligence suggests a more deliberate disregard for the risks—typically of anything likely to cause harm or result in the death of others—and is something that others would easily acknowledge as reckless.
For instance, if you were speeding, aggressively changing lanes, or driving recklessly at the time of the accident, then you're more likely to be punished for the Gross Vehicular Manslaughter offense. However, it can be claimed that you were just operating with ordinary negligence and that you should only be charged with a lesser crime if the incident was caused by a minor distraction.
DUI Murder
DUI murder is also known as Watson murder. It is a type of second-degree murder under California law. Watson murder occurs when an individual with a prior conviction of drugged or drunk driving causes the loss of life while committing another DUI violation.
The name ''Watson Murder'' comes from the renowned case, People vs. Watson, heard by the California Supreme Court. In this specific case, the court concluded that a DUI can provide implied malice necessary for finding guilt for a second-degree murder crime.
What the Prosecution Has To Prove
If you are charged with DUI causing death, the prosecution has to demonstrate beyond a reasonable doubt that implied malice motivated your actions. The prosecution will have to present three elements to demonstrate the malice intention in your actions.
They include the following:
- You intentionally caused someone else's death by driving under the influence of alcohol or drugs.
- The natural result of your activity (DUI) was a threat to others.
- You intentionally took action while being aware of the potential risk (in this instance, the risk of death).
It's worth noting that the desire to kill is not required. For a DUI murder charge to stand, unlike a first-degree murder offense, the victim is not required to have been the target of your intention. This distinguishes the Watson murder from other second-degree killings and homicides of first-degree.
The prosecution should instead demonstrate that you acted with implied malice, meaning that the prosecution has to prove that you knowingly disregarded the risk that driving under the influence had to other motorists.
Driving under the influence of alcohol or drugs can be extremely dangerous, and it might seem like everyone knows this. However, it usually entails more than what is required for a DUI murder charge.
Proving Implied Malice
To establish implied malice, the prosecutor has to demonstrate that you knew the risks associated with drunk or drugged driving. Usually, the prosecutor achieves this by giving evidence that:
- You were given or read/signed a Watson advisement following a prior DUI offense.
- You participated in a DUI program that the court had authorized for a prior DUI.
- You were knowledgeable about the risks associated with DUI. Maybe you work as a paramedic, a police officer, or in another occupation where you have had close experience with the potential effects of DUI.
Anyone convicted of driving while intoxicated or under the influence of drugs in California will be given a "Watson advisement" during their sentencing hearing. Occasionally the judge will read the advisement to the offender. The defendant could also be asked to fill out a Tahl waiver by the judge.
The prosecutor will demonstrate that you received a Watson admonition from the judge over a prior DUI by:
- Providing the official court report demonstrating that the Watson advisement was read to you during the hearing.
- Admitting as evidence the Tahl waiver signed at the time of pleading guilty.
Completing a court-approved DUI program could also help support the inferred malice requirement for a Watson murder conviction. The prosecutor will submit all course documentation to the court for review. A jury's finding of inferred malice could be sufficient to sustain a conviction if it can be shown that you were aware of the risks associated with driving while under the influence of drugs or alcohol.
Prosecutors have recently begun filing DUI homicide charges in a wider range of DUI instances. For instance, a paramedic got charged with second-degree murder in 2017. This was because the paramedic who was driving while intoxicated ran over and killed an individual who was standing on the side of the road. The prosecutor claimed that because the defendant was a paramedic, they ought to have been more informed.
Many defense attorneys thought that the prosecutors had overstated the crime in this case. The prosecution could overcharge the accused to convince them to accept a plea bargain. You can avoid falling into this trap with the assistance of a competent defense attorney who will explain your current predicament to you.
Elements of a DUI Causing Death Charge
Most Watson murder cases in California share certain elements. They include:
- The offender has been convicted of multiple DUI offenses in the past.
- The accused intended to drive after drinking.
- The defendant was operating a vehicle while having a very high BAC (often at least 0.15 percent BAC level).
- The accused drove the car negligently.
- The defendant possessed a special understanding of the dangers associated with operating a vehicle while impaired by alcohol or drugs(perhaps as a result of prior attendance at a DUI program, or a prior Watson advisement).
If the prosecutor is unable to prove these elements, you may be charged with DUI vehicular manslaughter.
What are the Consequences of a DUI Death Offense?
DUI that causes death can be punished by:
- 15 years to a life sentence in prison.
- You will receive a strike under California's Three Strikes law.
- A $10,000 maximum fine.
Any subsequent felony offense you commit after receiving a strike will result in a double sentence. Additionally, if you've got over two strikes and subsequently commit another offense that qualifies for an additional strike, you would be sentenced to a mandatory minimum of 25 years in prison or a life prison sentence.
Additional Repercussions for Any Injuries Caused
A person who is found guilty of driving under the influence of alcohol and causing fatalities can receive an additional and consecutive term if the accident also caused injuries to the survivors. The additional penalty will consist of:
A conviction will result in 3 to 6 years for each surviving victim who sustained serious bodily injuries
For each victim who had less serious injuries, the defendant will be sentenced to 1 to 3 years
Defenses Against DUI Causing Death Charges
Defenses against DUI-related deaths typically fall into one of four categories. Your attorney will likely use one of the following:
You Did Not Operate The Vehicle While Under the Influence
You can’t be found guilty of DUI murder if you did not operate a vehicle while inebriated. As a result, you should retain the services of a competent DUI defense lawyer to dispute your detention and DUI charges. Your attorney could achieve this by demonstrating that:
You Weren't the One Driving When the Violation Happened
Both the laboratory and the police department failed to adhere to the protocols that are specified in the Code of Regulations under Title 17.
The DUI Blood or Breath Test Findings Weren't Reliable
Note that it is not your responsibility to provide evidence that you weren't drunk driving. The burden of proof rests with the prosecutor to prove each aspect of your offense beyond the shadow of a doubt.
You Were Not at Fault For the Accident
It doesn't matter if you were high or drunk while you were behind the wheel; it doesn't mean you triggered the accident. A skilled criminal defense lawyer will consult with a reconstruction specialist to get to the bottom of what occurred. This could show that you were not to blame for the accident and the deaths that resulted from it.
The Act Wasn't Influenced By Implied Malice
The main requirement for DUI homicide under PC 187 is that the act be done with inferred malice. You could easily be found guilty if the prosecution can establish this. Having said that, establishing this point is not an easy task, and it is something that your lawyer can easily contest.
Some of the possible reasons why your case might not have implied malice are:
- You did not read or were not given a Watson advisement in your previous DUI conviction.
- You didn't finish the DUI program for a prior offense, or the lessons failed to provide any warnings about the risks of a DUI.
- You have no relevant first-hand knowledge of the dangers associated with DUI.
Alternately, a skilled attorney will work to show that your actions fell short of what would constitute a careless disregard for the lives of other motorists and road users.
Police or Prosecutor Misconduct
Even though you face serious charges, law enforcement and the prosecution cannot disregard your constitutional rights. Your lawyer can submit a Pitchess motion if they believe there has been misconduct by the police. Using this motion, he or she can get access to the arrest report from the police. And if there was any wrongdoing, the law enforcement officer's evidence will be disregarded. Sometimes, this can result in the case being completely dismissed.
Or, the prosecution can propose a plea bargain, leading to your conviction for a lesser charge such as vehicular manslaughter.
Is it Possible to Charge DUI Murder Without a Previous Watson Advisement?
DUI charges in the second degree are most prevalent when:
- You've already received a Watson advisement.
- You completed a DUI rehabilitation program.
However, none of these actions is necessary. Whenever a DUI death occurs and the prosecution can demonstrate "implied malice," they can bring murder charges against you. Malice could be inferred when:
- The motorist acted with "wanton contempt" for human life.
- The evidence suggests that the motorist was particularly conscious of the danger that their actions posed.
Contact a DUI Defense Lawyer Near Me
If you get in touch with Jonathan Franklin DUI Attorney for any DUI-related issues, we will strive to maximize our legal resources and expertise to give you the best possible outcome. We will first assess the case and then gather the necessary information to develop a solid defense plan. We'll carefully examine the prosecutor's evidence and try to find a strategy to counter it. Our Los Angeles clients have relied on us for many years to resolve their DUI matters, including DUI homicide cases, and we are ready to take on yours. Call us today at 323-464-6700.
