Watson Murder Charge in California: Why Some DUI-Related Deaths Can Be Charged as Murder

This article is for general informational purposes only and does not constitute legal advice. Laws vary by state, and readers should consult a licensed attorney in their jurisdiction; DUI.org is not a law firm. DUI.org specialists are available for questions about ignition interlock devices and SR-22 insurance requirements.

When a DUI leads to a death in California, the state may decide to pursue a second-degree murder charge under a theory called Watson murder.

Deadly DUI crashes can lead to a devastating aftermath. Not only do they result in the deaths of one or more victims, but drivers can also face harsh consequences far beyond their own expectations.

If that deadly DUI crash happens in California, the state may decide to examine it as DUI manslaughter. Alternatively, California prosecutors may see if there are grounds for a specific type of second-degree murder charge called a Watson murder. A Watson murder in California may impose higher penalties if it results in a conviction, generally 15 years to life in prison.

This blog isn’t legal advice. In this article, we’ll explain what a Watson murder is, how it differs from a vehicular manslaughter charge, and how California came to have this type of charge.

What Is a Watson Murder Charge in California?

A Watson murder charge is a second-degree murder charge applied in certain DUI cases where prosecutors find sufficient evidence that a driver acted with implied malice.

Implied malice means the driver understood their choice to drive while under the influence of alcohol or drugs could be dangerous to human life.

To put it simply, the driver knowingly puts others at risk by choosing to get behind the wheel drunk.

The circumstances under which a Watson murder charge can be applied in California include drivers:

• with repeat DUI offenses
• with prior DUI education program completion
• who signed Watson advisements or received advisements from a judge on the record in court
• who exhibited extremely reckless behavior (excessive speed or high blood-alcohol levels)

California prosecutors may argue that a driver with prior DUI convictions or formal warnings understood the risks of driving while impaired, and their actions resulted in a fatal crash.

How the Watson Murder Charge Originated

To understand how California arrived at this charge, it helps to look at the case that reshaped how some DUI deaths are prosecuted in the Golden State.

The term “Watson murder charge” comes from the California Supreme Court case People v. Watson (1981). The deadly crash occurred in Redding, located in north central California. A woman and her six-year-old daughter were killed by a drunk driver.

In that case, the California Supreme Court held that a driver who causes a death while driving under the influence may be charged with second-degree murder when the facts support a finding of implied malice.

Before People v. Watson, DUI deaths were more likely to be charged as vehicular manslaughter.

Exploring the difference between a felony and misdemeanor DUI charge? Learn how these charges differ.

What’s the Difference Between Watson Murder and Vehicular Manslaughter?

Generally, vehicular manslaughter charges in California focus on driver negligence. In other words, a vehicular manslaughter charge often weighs the driver’s level of carelessness.

By comparison, a Watson murder charge is a type of second-degree murder charge based on implied malice. It doesn't require proof that the driver meant to kill someone. Instead, prosecutors must show the driver knew drunk driving was dangerous and chose to drive anyway. That choice must show the driver didn't care whether someone got hurt or killed. This behavior is sometimes referred to as a conscious disregard for life.

Learn more about the difference between second-degree murder and different types of manslaughter. Source: Congress.gov

Again, this information is not legal advice and is not meant to inform any legal decision-making. This is DUI.org’s effort to help people going through a DUI understand some of the more complex topics they might encounter.

Does Every Deadly DUI in California Become a Watson Murder Case?

Most fatal DUI cases in California are charged as manslaughter – either misdemeanor or felony depending on the particular facts. According to a recent report of California DUI management for the California DMV, the percentage of alcohol-involved crash fatalities was 31.8% in 2020, while drug-related crash fatalities in 2020 accounted for 25.8%.

This report does not indicate if any of these deadly crashes resulted in Watson murder charges in California.

There is also not an official way to track Watson murder filings by California county, however many attorney sites say these charges are filed regularly throughout Los Angeles County. In early September 2026, a jury convicted a Canyon Country man (Canyon Country is part of Santa Clarita, in LA County) of second-degree murder following a deadly DUI crash in 2023.

And in 2024, an Orange County man was convicted of second-degree murder under a Watson murder rule.

How Often Does a DUI Case Result in a Watson Murder Charge?

There isn’t a formal tracking system that accounts for the number of Watson murder charges levied in California every year. Watson murder charges are generally considered rare compared to manslaughter charges. This is because of the heightened legal standard required to qualify for a Watson murder charge.

Want to learn more about DUI education programs? Here is a roundup of different DUI classes you can take after being charged with a DUI.

What Is a Watson Advisement?

A Watson advisement is a formal warning for individuals convicted of DUI in California. It provides the driver with a warning that makes it undeniably clear that driving under the influence is dangerous, and that driving impaired and causing a death could lead to a murder charge.

California law requires courts to provide a Watson advisement to drivers convicted of certain DUI charges or a reckless driving with alcohol involved charge, commonly referred to as a “wet reckless” charge.

A typical Watson advisement includes statements acknowledging:

• The dangers of impaired driving
• The legal consequences of causing a death while driving under the influence
• The potential for a second-degree murder charge

The court may require drivers to sign a Watson advisement during a plea agreement or sentencing, but a prior signed advisement is not required to bring a Watson murder charge.

Watson Murder vs. DUI Manslaughter in California

California recognizes several DUI-related homicide offenses, including:

• Vehicular manslaughter while intoxicated
• Gross vehicular manslaughter while intoxicated
• Second-degree murder (Watson murder)

Want to learn more about California DUI laws? Explore the laws, charges, and penalties in California. 

How Does the Prosecution Try to Prove Watson Murder?

This isn’t legal guidance, but generally when prosecutors build a Watson murder case, they reconstruct the driver’s story, including what the driver knew and how they acted leading up to the crash.

Prosecutors in California may rely on several evidence types to try to show the required implied malice element, including:

• Prior DUI Convictions. Mandatory education programs and Watson advisements are routine in California DUI convictions. This history can help prosecutors argue that the driver understood the risks of their actions.
• Signed Watson Advisement or Plea Forms. A signed advisement – or advisement given on the record in open court - shows the driver was explicitly warned about the dangers of impaired driving and warned about the potential for a Watson murder charge if their actions result in death.
• DUI Education Program Attendance. Attendance records for California DUI programs can support the argument that the driver understood their actions could result in death.
• Circumstances of the Crash. Prosecutors may examine the driver’s speed and blood-alcohol levels, prior warnings or near-misses, statements made at the scene, and video or witness accounts. These details can help establish whether the driver acted with conscious disregard for human life.

Examples of Watson Murder Cases

News outlets and the courts have documented several cases where prosecutors pursued Watson murder charges after fatal DUI crashes. These cases include:

• A Redwood City driver charged with murder after a deadly DUI crash where prosecutors used his prior impaired-driving history as evidence of implied malice.
• A wrong-way driver in Santa Maria (Santa Barbara County) awaiting sentencing for second-degree murder after a deadly DUI collision where prosecutors highlighted prior warnings about impaired driving.

What Other States Have a Watson Murder Charge?

Many states have similar pathways for charging DUI-related deaths as murder or homicide, but they don’t use the term “Watson murder.” Some states with similar charges include:

• North Carolina has a second-degree murder charge based on malice when impaired driving is so reckless and wanton that it demonstrates a disregard for human life.
• Texas may use a separate offense of intoxication manslaughter, which requires proof that an intoxicated person caused a death but does not require proof of implied malice. In particularly aggravated cases, prosecutors may instead pursue a murder charge under Texas law.
• New York may charge second-degree depraved-indifference murder when an impaired driver’s exceptionally reckless conduct creates a grave risk of death and demonstrates depraved indifference to human life.
• Oklahoma may enforce second-degree depraved-mind murder which may be charged when a deadly DUI involves imminently dangerous conduct showing extreme disregard for human life.
• Arizona has a second-degree murder charge based on reckless conduct that creates a grave risk of death under circumstances showing extreme indifference to human life.

A Resource to Help You Understand DUI Charges

Driving under the influence can lead to serious charges, but the most serious charges, like a Watson murder in California, may occur if a DUI results in death and meets other criteria.

As you learn more about DUIs, remember that you can use DUI.org as a resource. We’re here to help you explore DUI laws in your state, the potential penalties for a conviction, and deliver more educational resources to help you understand DUI cases.

Watson Murder FAQs

These FAQs are for general informational purposes only and do not constitute legal advice. Laws vary by state, and readers should consult a licensed attorney in their jurisdiction; DUI.org is not a law firm.