Defenses for Los Angeles DUI

In the last few years, the California Supreme Court has authorized prosecutors to file murder charges on some DUI cases that result in the death of a person. These cases are called "Watson murders." This murder charge is second-degree murder and is punishable by 15 years to life in prison.

In order for the prosecution to prove this case, it must prove that the Los Angeles or Southern California DUI driver committed "an act, the natural consequences of which are dangerous to life, which was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life."

Watson murders are rarely charged, and charged in only the most egregious of circumstances. Most cases are when a person has several DUI priors, has participated in the alcohol awareness education classes, and then, while driving under the influence of alcohol or drugs, kills another person.

In order for the prosecution to be successful in proving a murder case, it must be able to show that the driver understood the risks inherent in driving under the influence and then choose to ignore those risks and drive in a dangerous manner.

This is also called "implied malice" murder. In this type of murder case, the prosecutor must show that the driver had the required mental state of a clear understanding of the risks and dangers of driving under the influence, and that, knowing those risks, still choose to drive a motor vehicle--resulting in the death of another person or people.

Prosecutors now make this "knowledge" requirement easier by having every person convicted of a DUI sign a statement that they understand that if they drink and drive and a person is killed as a result of their actions, they could be charged with murder. This is called the Watson advisement.

DUI homicide

There are several defenses to these charges, and it is advised that if you, or a loved one, is being investigated or has been charged with a Watson murder, to immediately hire a DUI defense attorney who has had experience as a senior trial prosecutor and has handled Watson murder cases in the past. This crime is very technical, and a former prosecutor who now practices DUI and Watson murder defense will be in a unique position to aggressively represent a DUI suspect. A former prosecutor will have inside knowledge on how the police investigate these crimes and how prosecutors assemble cases against DUI suspects charged with murder.

If you have been arrested or charged with a Los Angeles DUI homicide offense in the Southern California area, contact Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.

For more information about the various defenses for your DUI case, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Los Angeles DUI Attorney Blog - Los Angeles DUI Criminal Defense
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.