If you’ve been convicted of a DUI in California, you may have heard about the “Watson advisement” from the police or the court. This crucial legal warning, mandated by California Vehicle Code Section 23593(a), serves as more than just a cautionary statement—it can have significant legal implications in future DUI cases.
This statement warns drivers that if they continue to drive under the influence and kill someone, they can be charged with murder. Our Los Angeles DUI defense lawyers often have to explain the serious nature of this advisory to our clients.
Here’s what you need to know. If you need legal advice immediately, contact us. Our firm takes any criminal case in California or federal courts.
Understanding the California DUI Advisory
California Vehicle Code Section 23593(a) requires the court to provide a specific advisory to individuals convicted of certain DUI offenses. The advisory states:
“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.”
This DUI advisory educates you on the dangers of DUI and gives you an official warning that future DUI incidents that involve death could lead to murder charges. This kind of murder charge is also known as a Watson murder.
For a free legal consultation with a dui advisory lawyer serving California, call (310) 896-2723
Watson Murders and the Watson DUI Advisory
The term “Watson murder” comes from the 1981 California Supreme Court case People v. Watson. This landmark decision established that a DUI offender could be charged with second-degree murder if they caused a fatal accident while driving under the influence.
The argument is that driving under the influence after being warned implies malice on the part of the driver and a conscious disregard for human life. The prosecution still needs to prove murder to convict someone, but two things will help them:
- Prior DUI convictions
- The DUI advisory in California Vehicle Code Section 23593(a).
By requiring the court to inform convicted DUI drivers of the risk of a Watson murder charge, prosecutors will have an easier time convicting people of murder if they kill someone in a later DUI. California has made this a court requirement since 1982.
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Why You Need to Understand This Warning
If you have received the Watson advisement, here’s what you need to understand:
- The court has officially warned you about the dangers of DUI. and the risk of getting a second-degree murder charge if you kill someone in a later DUI.
- Future DUI cases against you may be much more difficult to defend. If you need a DUI lawyer, tell them you’re facing a potential Watson charge if there was a fatality and you’ve been charged with DUI in the past.
- It shows California takes this consequence extremely seriously. It’s unlikely that the prosecution will try to bargain down to vehicular manslaughter if they believe they can convict you of second-degree murder.
- If you know you have a problem with drugs or alcohol and fear you may commit DUI in the future, seek help. Your freedom may depend on it, and you could save the life of a future victim.
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What Happens if I’m Convicted Under the Advisory?
If you are convicted of second-degree murder after you’ve been advised under California Vehicle Code Section 23593(a), here are the consequences you may face:
- Permanently lose your driving privileges
- Fines up to $10,000 plus court fees
- A strike on your record under California’s three strikes law
- 15 years to life in state prison
This is a charge you cannot ignore. Your life may depend on a successful defense, so you need to have a DUI defense attorney on your side with experience in defending murder accusations. Attorney Michael Simmrin can help you if you’re facing this charge.
What if I Kill Someone on my First DUI?
If it is your first DUI and you kill someone, the state will charge you with vehicular manslaughter. This can be a misdemeanor or a felony, though more likely a felony if you’re convicted of DUI. You may face 4-10 years in state prison, fines, and license suspension for at least three years.
Even if you are charged with a misdemeanor, you’ll still face a full year in jail and up to $1,000 in fines. While second-degree murder is much worse than vehicular manslaughter, the latter is not a light charge and should not be ignored.
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How Simmrin Law Group Can Help
At Simmrin Law Group, we understand the serious implications of the Watson DUI advisory. If you’re facing a DUI charge or have questions about a past DUI conviction and the Watson advisement, we’re here to help.
Our experienced DUI attorneys can:
- Explain the full legal implications of the Watson advisement.
- Develop strategies to defend against current DUI charges.
- Advise on how to protect yourself legally after receiving a Watson advisement.
- Represent you aggressively if you’re facing Watson murder charges.
Don’t underestimate the seriousness of what the DUI advisory of California Vehicle Code Section 23593(a) implies. Contact Simmrin Law Group today for a consultation. Let us help you understand your rights, explore your legal options, and work towards the best possible outcome for your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form