Watson Advisement

A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future.

If you are convicted of DUI in California, you will likely be required to sign a form known as a Watson advisement. If your local court requires this, it is mandatory, and refusing to sign could carry penalties. Nearly all courts in California require it even after a first-time DUI.

At Los Angeles DUI Lawyer, we have over 19 years of experience connecting clients with the right DUI lawyers in Los Angeles for their case. We are available 24/7. Our team will find an experienced attorney who can handle your DUI murder case.

The Origins of the Watson Advisement

The Watson advisement started with a California Supreme Court case, People v. Watson in 1981. In that case, the court found that an impaired driver can be held accountable for murder even if they didn’t set out to crash and kill someone.

As long as they knew that driving under the influence could kill someone, getting behind the wheel intoxicated is an intentional act that threatens another’s life. In legal language, this doctrine is known as implied malice, also known as malice aforethought.

Implied malice means that someone whose actions imply a reckless disregard for human life is just as guilty as someone who expressly says they don’t care if they kill someone. A prosecutor can file DUI murder charges any time there is a DUI fatality.

What is Considered a Watson Murder in California?

In California, Watson murder, sometimes called DUI murder, refers to a second-degree murder charge that can arise from a fatal DUI. Prosecutors may pursue this charge when a person drives under the influence of alcohol or drugs, causes a death, and the circumstances support a finding of implied malice.

The term comes from the California Supreme Court’s decision in People v. Watson. The case established that driving under the influence can, in certain circumstances, demonstrate the conscious disregard for human life required for a second-degree murder conviction.

What Does the Watson Advisement Say?

As stated in California Vehicle Code 23593, the court must advise anyone convicted of DUI of the following information:

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. 

In many DUI cases, the defendant signs a plea form that includes the Watson advisement. The judge may also explain the warning directly to the defendant during a court hearing.

Who May Receive a Watson Advisement?

A Watson advisement is generally provided when a person is sentenced for a California DUI offense. This can apply to different DUI charges, including:

• Vehicle Code § 23152(a) – driving under the influence
• Vehicle Code § 23152(b) – driving with an unlawful blood alcohol concentration
• Vehicle Code § 23153 – DUI causing injury

Any driver who completes traffic school now receives the Watson advisement as part of the program.

How Does Signing a Watson Advisement Affect My DUI Case?

If you signed a Watson advisement and then never have another DUI charge, the advisement does not affect you. Similarly, if you signed the advisement and your next DUI doesn’t hurt or kill anyone, the Watson advisement is largely irrelevant to your case.

However, if you signed a Watson advisement in the past and you have now been in a DUI accident that killed someone, you could potentially face a DUI murder charge, which carries a sentence of 15 years to life in prison.

If you had not signed the advisement, the same DUI collision might only count as vehicular manslaughter, which has much less serious penalties.

How a Watson Advisement Can Affect a Future DUI

The purpose of the Watson advisement is to create a legal record that you are aware of the dangers that DUI poses not only to yourself, but to others.

If you are ever involved in another DUI in the future, and that DUI leads to an accident that injures or kills someone, you cannot claim that you didn’t understand the consequences. Legally, this means that you could be tried for second-degree murder for a DUI murder.

A DUI-related second-degree murder charge is more likely when the person had previously received a Watson advisement or completed DUI school. The team at Los Angeles DUI Lawyer can offer guidance and connect you with a lawyer.

If I Never Signed a Watson Advisement, Does That Mean I Cannot Be Charged With Murder?

Not necessarily. Prosecutors may still build a DUI murder case against you if either:

You are a repeat offender, and there is other evidence that you were aware of the full dangers of driving under the influence (for example, because you completed DUI school after your previous conviction). Or there is evidence that you acted with implied malice or a desire to hurt others.

If the prosecution cannot establish those elements, a California DUI-related death will generally be prosecuted under one of two offenses:

• Penal Code § 191.5(a) – gross vehicular manslaughter while intoxicated
• Penal Code § 191.5(b) – vehicular manslaughter while intoxicated.

If you were involved in any kind of DUI collision that took a life, get legal representation. We can connect you with an experienced Los Angeles DUI lawyer who can fight your murder charges. Fill out the form to the right or call and get your free consultation today.

Potential Defense Strategies

Your criminal defense attorney may argue that:

• The field sobriety test was not administered correctly
• The chemical test results are not reliable
• You did not act with implied malice
• Your blood alcohol levels (BAC level) were actually lower
• The blood analysis was not conducted according to protocol
• You were not driving under the influence of drugs

Your criminal defense attorney may consult accident reconstruction experts to determine exactly how the DUI accident happened. Our team at Los Angeles DUI Lawyer can put you in touch with a lawyer who will work to find the most practical defense in your situation.

Call to Learn More About the Watson Advisement

Have you been arrested or charged with DUI? You do not have to figure out what happens next by yourself. At Los Angeles DUI Lawyer, we can connect you with an experienced Los Angeles DUI attorney who can review your situation and explain your legal options during a free consultation.

Every DUI case is different. The circumstances of your traffic stop, chemical testing, prior record, and other details can all affect your case. Talking with a defense attorney can help you understand how California DUI laws may apply to your specific situation.