Regrettably, a portion of our community finds themselves in a dire situation, facing the possibility of spending the rest of their lives behind bars. If you're charged with second-degree murder related to a DUI, the potential consequences are severe-a sentence of 15 years to life. And even after serving 85% of 15 years, there's no guarantee of parole, leaving the grim possibility of a lifetime in prison.
When we talk about when DUI is murder, we're talking about politics to a degree, especially at the District Attorney's office in Los Angeles County.
If someone's driving and they're intoxicated with alcohol, marijuana, or any other drug — even prescription medication, and they become involved in a situation where somebody dies — maybe it's an accident — perhaps a pedestrian getting run over — whatever the case may be — now, as I make this post, the Los Angeles County District Attorney's office filed murder charges under those circumstances.
Previously, the Los Angeles County District Attorney's office did not charge murder in scenarios where a person, under the influence of alcohol or drugs, caused a fatal accident. This was unless they could prove that the individual was aware of the risks of driving under the influence. However, this approach has changed in recent years.
The way they were proving it is when the person had a prior DUI, and they had to take the classes and everything, and as part of the classes, they were educated and instructed that if you drink and drive, people die.
So, they called the teachers of those classes and pulled the records to show that the person was in the class, heard that, and that's how they were proving what we call guilty knowledge. Our Los Angeles criminal defense lawyers will review this topic further below.
What is Implied Malice in DUI Murder?
Implied malice describes a mental state less than actual intent to kill but still blameworthy enough that a murder charge can be supported. Someone acts with implied malice when they:
- intentionally commit an act the natural and probable consequences of which are dangerous to human life,
- knowing that the act is dangerous to people, and nevertheless,
- continuing with the act with reckless disregard for that danger.
The standards for implied malice relate to the defendant's knowledge and mindset at the time of the conduct. As such, they will rarely be subjected to direct evidence.
Instead, like most mental states in criminal cases, prosecutors will attempt to prove their case through circumstantial evidence that the defendant possessed the mental state required to be guilty of murder.
Often, it's challenging for a prosecutor to prove a defendant acted with a conscious disregard for human life. If they can't prove this, a California DUI resulting in someone's death will be charged as:
- Penal Code 191.5(a) PC, gross vehicular manslaughter while intoxicated, or
- Penal Code 191.5(b) PC, vehicular manslaughter while intoxicated.
What is Implied Malice?
You have to have the malice of forethought for murder. So, how do you get that when somebody sets out for their night in a DUI, they don't plan on killing anybody?
Even moments before they kill somebody, they didn't plan on doing it. The problem is that they've set something up where the law and the prosecutors can use the concept of implied malice.
So, we're going to imply the malice and say, look, you should have known that you were probably going to be drinking when you set out. It would be best if you had made the proper arrangements.
You don't drink a bunch of alcohol and get yourself into an intoxicated state and then try to make decisions about whether you're going to drive because when you do that, people die.
Today, they don't do that anymore. They can, indeed, if you've got a prior DUI, pull the records and prove that you knew or reasonably should have known that you were going to drink and drive and somebody could die, but they don't care about that anymore.
The mentality now is that everybody in society knows that you could kill somebody if you drink and drive. So, when DUI is murder, somebody is drinking alcohol, usually, but not limited to that — any substance can cause you to be intoxicated.
It's just less likely, in my view, that if somebody takes their prescribed medication, has a bad reaction, and ends up running over somebody and killing them, they're going to get charged with murder. It's more likely, in my opinion, that the prosecutors in an alcohol scenario where you're drinking and driving are going to charge murder.
What are the Penalties for DUI Murder in California?
A Watson murder carries the same penalties as other second-degree murders in California. If you are found guilty, the penalties include:
- 15 years to life in state prison,
- a fine up to $10,000 fine.
- a “strike” under California's three-strikes law.
You could face an additional sentence of 3 to 6 six years in state prison if any surviving victims sustained a great bodily injury, which is described as a significant injury. Further, you could also receive an additional year for each person who sustained less severe injuries in the accident.
Seeking a Lesser Charge Than Murder
So, the reality is, if you drink alcohol and drive and you kill somebody, you're going to be charged with murder, at least in LA County and many of the surrounding counties as well.
However, with the right legal representation, there's hope. With my extensive experience of 30 years in this field, I know what it takes to mitigate such circumstances. I can work to replace the murder charge with a less severe one, offering a glimmer of hope in a challenging situation.
When you're facing a charge as serious as murder related to DUI, you need the best legal representation. If you or a loved one is in this situation, don't hesitate. Call now and request a meeting with Ron Hedding.
I've been doing this for 30 years. I've worked for the District Attorney's office. I've worked for a Superior Court Judge, and I've been defending people charged with murder related to DUIs since the early 1990s. Contact the Hedding Law Firm for a free case evaluation to review the details of your case and legal options.
Related Content:
