Watson Advisements
Driving under the influence (DUI) is a serious offense in California, and the legal consequences can escalate significantly under certain circumstances. One critical factor in this escalation is what's known as the Watson advisement. If you've been charged with a DUI—or are facing repeat offenses — understanding the significance of the Watson advisement could be crucial to your case.
What Is a Watson Advisement?
The Watson advisement is a formal warning given to individuals convicted of a DUI in California. It informs the defendant that driving under the influence of drugs or alcohol is extremely dangerous and that if they drive drunk again and kill someone, they could be charged with murder.
This advisement stems from the 1981 California Supreme Court case People v. Watson, where the court held that a person who drinks, drives, and causes a fatal accident can be charged with second-degree murder under certain conditions — especially if they knew the risks and disregarded them.
When Is a Watson Advisement Given?
In California, a Watson advisement is typically issued:
After a defendant pleads guilty or no contest to a DUI charge.
As part of the sentencing process for a DUI conviction.
Judges and prosecutors often make sure this advisement is clearly stated in court or in writing to ensure the defendant cannot later claim ignorance of the potential consequences.
Most importantly, once you’ve received a Watson advisement, any future DUI that results in a death could be prosecuted as implied malice murder — which carries significantly harsher penalties than manslaughter.
Why the Watson Advisement Matters
The difference between being charged with vehicular manslaughter and second-degree murder in a DUI fatality case often hinges on whether the driver had prior knowledge of the dangers of drinking and driving. The Watson advisement provides clear evidence that the defendant had that knowledge.
In practical terms, this means:
First-time DUI: Usually results in fines, license suspension, DUI classes, and possibly jail time.
Subsequent DUI with a fatality and prior Watson advisement: Can lead to 15 years to life in prison for second-degree murder.
How This Affects Your Defense
If you're facing a DUI charge and have previously received a Watson advisement, the stakes are high — especially if the current case involves injury or death. It’s critical to have experienced legal representation that understands how to handle these complex and high-risk situations.
As your defense attorney, my job is to:
Scrutinize whether the Watson advisement was properly issued and documented.
Investigate the facts of your case thoroughly.
Challenge any weaknesses in the prosecution's evidence, particularly related to intent and causation.
Advocate aggressively on your behalf to reduce or dismiss charges where possible.
Don’t Face These Charges Alone
DUI law in California is harsh — and it gets even harsher with each repeat offense or aggravating circumstance. If you've been charged with a DUI, or you’re worried about the implications of a past Watson advisement, you should consult with a skilled DUI defense attorney immediately.
Contact Davis W. Hewitt today for a confidential consultation. Let me help protect your rights and your future.
