Schwarzenegger's Targeting More than First-Time DUI Offenders
Last week, California Governor Arnold Schwarzenegger signed several new bills that will go into effect beginning January 1, 2010. One of them is known as Assembly Bill 808, the Ambriz Act.
This law will require every person who either applies for a new driver’s license or who wishes to renew his/her license to sign a statement acknowledging the dangers associated with drinking and driving. While that may not sound so harsh on its face, it sets the driver up for being prosecuted for second-degree murder if he/she is involved in a deadly DUI accident.
Until this bill goes into effect, only those who have suffered prior DUIs can be charged with California DUI second-degree murder, also called Watson murder…and even then, there must be additional facts to support a finding of malice. Without malice, there can be no murder.
Facts that have previously been used to prove malice under California DUI murder laws include: (1) a pre-drinking intent to drive, (2) a high BAC, (3) extremely reckless driving, and (4) first-hand knowledge about the risks involved with drunk driving…knowledge gained because the defendant suffered multiple California DUI convictions.
Under California’s new DUI law, it won’t be necessary for the prosecutor to prove those facts. Once you sign the acknowledgement, your signature puts you on notice that you may be charged with California DUI second-degree murder if you drive under the influence and, as a result, another is killed.
A second-degree Watson murder charge carries a sentence of 15 years-to-life in the California State Prison.
