For California drivers, the future consequences of a
DUI conviction can be made worse when a driver is made to sign the
Watson Advisement following a DUI conviction.
The Watson Advisement is the result of a 1981 Supreme Court case that declared
someone driving under the influence who also causes a fatal accident can
be found guilty of second degree murder.
According to the Watson Advisement, if a person has one DUI conviction
on their record and happens to be involved in a DUI accident where someone
dies, they are subject to harsher penalties.
How the Watson Advisement Affects DUI Cases
An individual may be
required to sign the Watson Advisement after being convicted of their first DUI
in California. The document makes any potential
DUI manslaughter charges easier to prosecute as
This is done in order for prosecutors to easily prove that a driver accused
of driving under the influence
knew that they could kill someone, since they
understood the risks of driving under the influence, and when they chose to do so,
they demonstrated a disregard for human life.
When signing the Watson Advisement, a person acknowledges that:
- Driving under the influence affects the ability to operate a vehicle,
- Driving under the influence is a danger to human life, and
- Driving under the influence may result in a person's death, and if
it does, the driver can be charged with murder.
By signing the Watson Advisement, you give the court
consent to charge you with murder if someone is killed as a result of your drunk
driving. If you are facing DUI charges, no matter the circumstances, you
should look to retain legal counsel right away.
For more information about your charges and how an Orange County DUI attorney
from the Law Offices of Virginia L. Landry, Inc. can help,
contact our firm today.