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• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
  • DUI with Injury
  • DUI Fourth Offense
  • DUI Manslaughter
  • Vehicular Homicide
  • Second Degree Murder
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Second Degree Murder

Every drunk driving case will have life changing consequences, but a DUI that results in the death of another human being is particularly traumatic. California driving under the influence cases involving death can result in one of three charges – vehicular homicide, manslaughter, or second-degree murder. A skilled California DUI attorney specializing in handling cases in San Francisco, Alameda, San Mateo, Marin, Contra Costa, Santa Clara, Sonoma or Napa County will evaluate your case to determine how it is likely to be charged, and craft an effective DUI defense.

California prosecutors file second degree murder charges only when they are confident in their ability to prove that the DUI driver acted with implied malice which means a conscious disregard for human life. This driving under the influence charge is unusual in a drinking and driving case, because it’s extremely difficult for the District Attonrney to prove implied malice on the part of a drunk driver.

However, prosecutors can use prior DUI convictions to prove that the motorist knew the dangers of drunk driving, but drove anyway. In many states, including California, a defendant who pleads guilty or no contest to a drunk driving charge must admit that he or she is aware of the danger of driving under the influence, either by making a statement in court or by signing an admission on a DUI plea form. This acknowledgment, known as a “Watson warning,” can be used in a subsequent prosecution for second degree murder as evidence that the person acted with implied malice.

The first step in aggressively defending a second degree murder charge resulting from a DUI arrest is to assemble a top notch independent investigation team. Police and prosecutors work hard to gather evidence that points to the defendant’s guilt. An California DUI attorney experienced in drunk driving criminal defense will use an independent expert to unearth evidence that points to the defendant’s innocence.

Accident reconstruction is a critical aspect of a strong second degree murder defense. An expert in DUI accident investigation and DUI accident reconstruction will analyze skid marks and other physical evidence, take photographs, and uncover possible mechanical failures and other factors which may have contributed to the accident.

The defense experts will also closely examine the facts of the underlying drunk driving charge. A common prosecution error in a DUI case involves the chemical test of the driver’s blood alcohol content (BAC). Most chemical tests are conducted one or more hours after an accident or arrest. For that reason they may not be accurate as to the drivers blood alcohol level at the time of driving. It’s not against the law to have a BAC of .08 or greater at the police station – only when driving. An experienced DUI defense expert may be able to demonstrate that the driver’s BAC rose following an accident because his or her body continued to absorb alcohol.

The consequences of a drunk driving related death are extremely harsh, so it’s critical to have a California DUI criminal defense attorney at the driver’s side from the start of the prosecution. A California attorney who concentrates on DUI defense will craft an aggressive strategy to fight the charges and ensure that the driver accused of driving under the influence will receive a fair trial.

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