Legal Question in Criminal Law in California

You are referring to what's commonly known as a Watson murder, after a case involving a drunk driver charged with murder after a fatal auto accident. People v. Watson (1981) 30 Cal 3rd 290,

Murder requires either express or implied malice. Express malice is the specific intent to kill. Implied malice is doing something so dangerous that it should be obvious someone is likely to be killed, without regard for the consequences.

Usually Watson murder is charged with the defendant has a number of past DUI convictions, but continues to drive drunk and eventually kills someone. The prosecution argues that the person's DUI history shows he or she knew it was dangerous to drive drunk, but continued to do it without regard for the safety of others.

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

"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."

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

Not understanding. There are serious and real consequences to our actions, whether we know them or not, whether we like them or not.