California Penal Code 187

CA Penal Code 187 – Murder is California’s murder law. This is the beginning of a section of the legal code that applies to all forms of murder, and is often applied to acts that we would not think of as “murder” in the traditional sense. This includes lives lost due to an accident involving a DUI.

It’s important to understand that most DUI deaths are not prosecuted as murder. Usually, they are prosecuted as gross vehicular manslaughter DUI. The difference is that manslaughter implies you acted with negligence, not malice—you were careless.

Let’s take a look at California Penal Code 187, the charges, and possible defenses.

What Does California Penal Code 187 Define as Murder?

Under California Penal Code 187, murder is defined as the unlawful killing of a human being (or fetus, in specific cases) with malice aforethought. Malice can be either:

Express Malice: The intent to kill someone.
Implied Malice: Acting in a way that shows a reckless indifference for human life, even if there was no intent to kill.

Malice in DUI Cases

In DUI-related deaths, malice is typically implied rather than expressed. This means the prosecution must show that:

You were aware of the danger your actions posed to others.
You chose to drive under the influence despite understanding the risks.

This is often referred to as a Watson Murder, named after the California Supreme Court case People v. Watson. In this case, the court ruled that a person who drives under the influence, knowing the dangers of DUI, could be charged with second-degree murder if their actions result in someone’s death.

How DUI Deaths Lead to Murder Charges

While most DUI-related deaths are prosecuted as gross vehicular manslaughter while intoxicated, certain circumstances may elevate the criminal charge to second-degree murder.

When Can a DUI Result in a Murder Charge?

A DUI-related death may result in a murder charge if:

The defendant has a prior DUI conviction and was warned about the dangers of drunk driving during sentencing or DUI education programs.
The defendant’s blood alcohol content (BAC) was exceptionally high, indicating extreme recklessness.
The defendant engaged in additional dangerous behavior, such as excessive speeding or running red lights, while under the influence.

In these scenarios, the court may determine that the defendant acted with implied malice, making them eligible for a second-degree murder charge.

Defending Against a DUI Murder Charge

One of the reasons DUI deaths are not usually charged as murder is that it’s very hard to prove malicious intent. By definition, killing someone in a car accident is not an intentional act, and calling it murder is a stretch.

Potential defenses against a DUI murder charge include:

It was an accident. You did not act out of malice.
You were not the one driving.
The evidence against you was obtained through an illegal search and seizure.
Your “confession” or incriminating statements were gathered without following your Miranda rights.

You can read more about DUI murder charges here: What if my DUI involved someone’s death?

Potential Defenses Against a DUI Murder Charge

If you are facing a murder charge related to a DUI, an experienced criminal defense attorney can build a defense tailored to the specifics of your case. Common defenses include:

It Was an Accident: The defense may argue that the death resulted from an accident, not from malicious behavior.
You Were Not Driving: If there is insufficient evidence to prove you were the driver at the time of the accident, the charges may be dropped or reduced.
Illegal Search and Seizure: If evidence, such as BAC test results, was collected without proper legal procedures, it may be excluded from the case.
Violation of Miranda Rights: If the police officer failed to inform you of your rights before obtaining incriminating statements, your attorney could argue to suppress those statements.
Challenging Implied Malice: The prosecution must prove that you understood the risks of DUI and acted anyway. Your attorney can challenge this assertion by highlighting mitigating factors, such as a lack of prior DUI convictions or insufficient evidence of reckless behavior.

Degrees of Murder and Associated Penalties

The penalties under CA Penal Code 187 for murder depend on the degree of the crime and specific circumstances.

First-Degree Murder Charge

First-degree murder involves:

Premeditation and deliberation (a planned killing)
Use of explosives, poison, or lying in wait
Killing during the commission of certain felonies, such as robbery, rape, or kidnapping

Penalties for a first-degree murder conviction:

Death penalty
Life imprisonment without the possibility of parole
25 years to life in prison

Second-Degree Murder Charge

Second-degree murder lacks premeditation but still involves malice aforethought. This could include:

Killings resulting from reckless actions, such as firing a gun into a crowd
Situations where the accused did not plan to kill but acted in a way that showed disregard for human life

Penalties for second-degree murder:

15 years to life in state prison
25 years to life if the victim is a peace officer killed in the line of duty
Life without parole if aggravating factors are present, such as the use of deadly weapons or intent to inflict great bodily harm

Involuntary Manslaughter

Involuntary manslaughter occurs when a person causes the death of another individual:

Without malice
Without any intent to kill
While acting with a conscious disregard for human life

Conditions for Involuntary Manslaughter

For someone to be convicted of involuntary manslaughter, the prosecution must prove that at the time of the death, the defendant was engaged in:

An unlawful act that is not classified as a felony, or
A lawful act that carried a significant risk of causing death or serious bodily harm, where the defendant failed to exercise appropriate caution.

This differs from an accidental death, where the individual is neither violating the law nor acting recklessly.

Additionally, involuntary manslaughter typically does not apply to incidents involving motor vehicles. Fatalities caused while driving are usually prosecuted under vehicular manslaughter laws instead.

Contact Us for a Free Consultation

If you or someone you know has been charged under CA Penal Code 187 in connection with a DUI incident, don’t wait to seek help. Los Angeles DUI Attorneys can put you in touch with the right lawyer for your case.