Wrong Way DUI Defense
A wrong-way DUI charge can feel overwhelming, especially if there was a crash or news coverage. The statute defines wrong-way driving narrowly, and what your vehicle actually did matters.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 28-1383(A)(5) makes it aggravated DUI to commit a DUI "while driving the wrong way on a highway."
- How it is classified: A class 4 felony under § 28-1383(O).
- Possible sentence (first offense): At least four months in prison before probation or release, within a first-felony prison range of 1 to 3.75 years under A.R.S. § 13-702(D).
- Where the case is heard: Maricopa County Superior Court in downtown Phoenix. Confirm the building on your current notice.
- What to do now: If you were served an MVD suspension notice, your hearing request must reach MVD within 30 days after the date of the notice. Do not discuss the events with anyone but your lawyer.
What the law says
A wrong-way DUI has three parts. The State has to prove each one.
- A DUI offense. You drove or were in actual physical control of a vehicle while committing a DUI under A.R.S. § 28-1381, an extreme DUI under A.R.S. § 28-1382 or another aggravated DUI.
- Wrong-way driving. The vehicle was moving the wrong way.
- On a highway. The wrong-way driving happened on a highway.
What "wrong way" means
Section 28-1383(P) defines wrong way as "vehicular movement that is in a direction opposing the legal flow of traffic." The same subsection says wrong way "does not include median crossing or a collision where a motor vehicle comes to a stop facing the wrong way."
Those exclusions matter. A car that crosses a median, or ends up facing the wrong way after a crash, does not meet the definition by that fact alone. The question is how the vehicle actually moved. For general background on DUI law across the country, see Cornell LII Wex: driving under the influence (DUI). The Arizona rules are the statutes cited on this page.
How it is classified
Wrong-way driving is one of several facts that can turn a DUI into a felony under § 28-1383(A).
| Form of aggravated DUI | Subsection | Class | Four-month prison rule in § 28-1383(D) |
|---|---|---|---|
| License suspended, canceled, revoked, refused or DUI-restricted | (A)(1) | Class 4 felony | Yes |
| Third or later DUI within 84 months | (A)(2) | Class 4 felony | Yes, and eight months with three or more priors (§ 28-1383(E)) |
| Passenger under 15 in the vehicle | (A)(3) | Class 6 felony | Not listed |
| Ignition interlock required at the time | (A)(4) | Class 4 felony | Not listed |
| Driving the wrong way on a highway | (A)(5) | Class 4 felony | Yes |
Possible penalties
- Prison before release: Under § 28-1383(D), you are not eligible for probation, pardon, commutation, suspension of sentence or release on any other basis until you have served at least four months in prison.
- Felony range: For a first felony offense, § 13-702(D) sets a class 4 range of 1 year (mitigated), 1.5 years (minimum), 2.5 years (presumptive), 3 years (maximum) and 3.75 years (aggravated). Prior felony convictions can change the range.
- Fines and assessments: Section 28-1383(J) requires a fine of at least $750, plus assessments of $250, $1,500 and $1,500.
- Treatment: Section 28-1383(H) requires alcohol or other drug screening, education or treatment, or evidence-based psychotherapy, as ordered.
- License: MVD revokes your driving privilege and will not issue a new license within one year of the conviction (§ 28-1383(J)). Traffic survival school is required (§ 28-1383(K)).
- Ignition interlock: If alcohol was involved, A.R.S. § 28-3319(D) sets a 24-month interlock period for this charge, and § 28-1383(J) lets the court order a longer one.
If anyone was hurt or killed, the State can bring separate charges based on the injury. Those charges change the case a great deal, so tell your lawyer everything you know about any injuries.
Consequences beyond the sentence
- Your record: A felony conviction stays on your record and can count as a prior DUI later. You may be able to ask the court later to set aside the judgment of guilt or to seal the record, depending on the offense and your history. See record sealing and set-asides.
- Firearms: A class 4 felony is punishable by more than one year in prison, so a conviction generally brings the federal firearm ban in 18 U.S.C. § 922(g).
- Immigration: Some criminal convictions are grounds for removal under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- License and work: A year without a license, then an interlock, can affect your job and family. A felony record can also appear in background checks for jobs, housing and professional licenses.
A plea to a lesser charge can sometimes reduce the time in custody. The conviction still follows you. Avoiding jail is not the same as avoiding a conviction.
How we defend a wrong-way DUI
We test the wrong-way allegation and the DUI separately. If the wrong-way element fails and no other aggravating factor applies, the case may become a misdemeanor DUI. See our DUI defense page.
- How the vehicle moved: We reconstruct the path of the vehicle using video, scene photos, vehicle data and witness accounts. A median crossing, or a stop facing the wrong way after a collision, is excluded from the definition.
- Witness accounts: Calls to 911 and statements made at night or at high speed can be unclear about direction, lanes and which vehicle was involved. We compare each account to the physical evidence.
- The road itself: Ramps, construction zones, unclear signs and changing lane patterns can all matter. We check whether the location fits the statute.
- Impairment evidence: Confusion behind the wheel can come from causes other than alcohol or drugs, such as a medical event or fatigue. We look at medical records where they apply.
- Testing: Breath and blood results depend on equipment, procedure and timing, and the law looks at alcohol concentration within two hours of driving.
- Mitigation: Treatment, a clean history and steps you take now can help in negotiations and at sentencing.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
The statute defines it as "vehicular movement that is in a direction opposing the legal flow of traffic." It excludes median crossing and a collision where a vehicle comes to a stop facing the wrong way. Whether your case fits depends on how the vehicle actually moved.
No. This felony requires a DUI. Wrong-way driving without a DUI may lead to other charges, such as reckless driving under A.R.S. § 28-693(C), which is a class 2 misdemeanor for a first offense. See our reckless driving page.
If you are convicted of this charge, the law requires at least four months in prison before probation or release. Whether the case ends in that conviction depends on the evidence and how it is resolved. An early review of the video and the scene is often where the defense starts.
Felonies in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex: the Central Court Building at 201 W. Jefferson St. or the South Court Tower at 175 W. Madison St. Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first.
There are two clocks. If you were served a suspension notice under A.R.S. § 28-1385, the hearing request "must be received by the department within thirty days after the date of the notice." The MVD hearing is narrow and separate from the criminal case.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-1383: Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 28-1381: Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing
- A.R.S. § 28-1382: Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; time limitation
- A.R.S. § 28-3319: Action after license suspension, revocation or denial for driving under the influence or refusal of test
- A.R.S. § 28-693: Reckless driving; violation; classification; license; surrender; aiding and abetting
- A.R.S. § 28-1385: Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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