Arizona Wrong Way DUI Law
In 2018 the Legislature added a new felony DUI offense, 28 A.R.S.§ 1383.A.5, Driving the Wrong Way on a Highway While Impaired. The mandatory minimum sentence includes 4 months in State Prison. If an impaired driver is driving the right way the minimum penalty could be 1 day.
If the same impaired driver drove the wrong way the minimum penalty is 4 months. The only difference between a day in jail and 4 months in prison is the direction of travel.
Arizona Strict Liability Crimes
In criminal law most crimes require the defendant to know all of the crime’s elements. This means the defendant must know he is committing the crime.
Knowledge can be from actually knowing or “should have known”. An example of “should have known” comes from the crime of driving on a suspended license. The state can prove “should have known” by showing the MVD mailed a suspension notice to the address the defendant gave to the MVD.
An exception to this rule is are strict liability crimes. These are acts which are so obvious and dangerous that the defendant need not know he is committing the crime. One example is DUI. The DUI does not require proof that the defendant knew he was impaired.
Court of Appeals says Knowledge Not Needed For Wrong Way DUI
On August 6, 2025 the court of appeals issued an opinion on this issue in Franz and Schlemmer vs. State. The court held the defendant did not need to know he was driving the wrong way on the highway. The court said all the State need do is show the particular stretch of roadway was properly marked with signs showing the correct flow of travel. The court went on to say the defendant could also present evidence that the direction of travel was incorrectly shown by signs. If the defendant presented such evidence, then he could get a jury instruction saying the jury could consider if the roadway was not properly marked.
What is not clear from the decision is, does the defendant have to have knowledge he is driving the wrong way or not. The court said the defendant does not have to know that he is driving the wrong way. The defendant’s knowledge of the right and wrong way could come from the roadway signs. If the defendant does not have to know he is driving the wrong way, then what difference would the signs make? By leaving open the possibility of arguing the roadway signs did not properly show the wrong way it would seem the court is saying the defendant could be not guilty because the source of his knowledge, the signs, were not proper.
Gordon Thompson
For more information about Arizona DUI and criminal law issues please contact Gordon Thompson who has used his experience to write a blog on topics of interest. You can also chat with Gordon about your specific questions.
Website: https://www.GordonThompsonAttorney.net
Blog: https://www.GordonThompsonAttorney.net/blog/
