What Happened: The Franz and Schlemmer Cases

In early 2024, police received calls about a car traveling westbound in the eastbound lanes of Interstate 10 in Maricopa County. Officers stopped Katherine Franz. A blood draw taken hours later showed a blood-alcohol concentration of .134 — well above the legal limit of .08. Franz told officers she did not know how she ended up on the highway going the wrong way.

A few months later, Arthur Schlemmer turned west onto Jefferson Street in Phoenix — a one-way street running east. An oncoming driver had to stop to avoid a head-on collision. Schlemmer’s blood-alcohol concentration was .250 — more than three times the legal limit.

Both were charged with aggravated DUI under Arizona Revised Statutes § 28-1383(A)(5): driving under the influence while going the wrong way on a highway. Both argued the same thing: that to convict them, the State should have to prove they knew — or at least should have known — they were heading the wrong direction.

The Arizona Court of Appeals consolidated their cases and disagreed.

What Is “Strict Liability” — And Why It Matters to You

In most crimes, the State has to prove not just that you did something, but that you meant to do it, or at least knew what you were doing. Lawyers call this the “mens rea” — Latin for “guilty mind.” Murder, theft, fraud — all require proof of intent.

Strict liability offenses are different. With a strict liability crime, you can be convicted based purely on what you did — regardless of what you knew or intended. Common examples are traffic infractions. If you run a red light, it does not matter if you didn’t notice it. You’re still responsible.

The court in Franz found that wrong-way DUI falls into that same category. Once a road is properly signed and designated as one-way, driving against traffic on that road is automatically illegal — intent is irrelevant. Add alcohol or drugs to the mix, and you’re facing a felony.

Why the Court Ruled This Way

The court looked at two things: what the law actually says, and how Arizona courts have handled similar cases in the past.

Arizona law (A.R.S. § 13-202(B)) says that if a statute does not spell out a required mental state, the offense is strict liability — unless the conduct itself necessarily implies a guilty mind. The court found that wrong-way driving doesn’t fit that exception.

The court also compared this to other DUI aggravators where intent has been required. For example, in prior cases, Arizona courts said the State must prove a driver knew — or should have known — that their license was suspended or that they were subject to an ignition interlock restriction. The reasoning there was that those are personal determinations made by the government: you receive notice, it applies specifically to you.

Wrong-way driving is different. A road is signed for everyone equally. It’s not a personal determination. Once the highway is properly marked, anyone traveling against that flow is in violation — and the court held that no knowledge requirement applies.

What Defenses Are Still Available?

This ruling does not leave defendants completely without options. The court was specific: while you cannot argue you didn’t know you were going the wrong way, you can still argue the road was not properly marked.

To convict you of this offense, the State has to prove the highway was appropriately designated and signposted. If the signs were missing, obscured, damaged, or inadequate at the point where you entered the roadway, that goes directly to whether a violation of the “legal flow of traffic” even occurred.

Other potential avenues in an aggravated DUI case generally include:

• Challenging the legality of the traffic stop itself
• Contesting the blood draw warrant or the accuracy of the BAC result
• Scrutinizing the chain of custody for blood samples
• Examining whether field sobriety tests were administered correctly
• Investigating whether signage at the point of entry was adequate

Every case is different. The facts that help one person may not apply to another. That is exactly why it matters to have an attorney who reviews your specific situation — not just the general law.

What Are the Penalties for Aggravated DUI in Arizona?

Aggravated DUI under A.R.S. § 28-1383 is a Class 4 felony in Arizona. The consequences are serious:

• Mandatory prison time — a minimum of four months (served at 100%) with no early release
• Felony conviction — permanent on your record, affecting employment, housing, and civil rights
• Driver’s license revocation for at least three years
• Ignition interlock device required on any vehicle you drive after reinstatement
• Fines and fees that can run into the thousands
• Probation following release

This is not a standard DUI. The stakes are fundamentally different when a felony is on the table. The time to act is before trial — not after a conviction.

What Should You Do If You’ve Been Charged?

If you or someone you know has been charged with aggravated DUI for wrong-way driving anywhere in Arizona, here are the most important immediate steps:

1. Do not discuss the case with anyone — not friends, not family, and certainly not law enforcement — without an attorney present.
2. Request a MVD hearing within 30 days of your arrest. If you miss this window, your license is automatically suspended. An attorney can file this request for you immediately.
3. Document what you remember about where and how you entered the highway, including any signage (or lack of it) that you noticed.
4. Contact a DUI defense attorney as soon as possible. Early intervention matters. Evidence fades, witnesses become harder to locate, and options narrow with time.

Frequently Asked Questions

About Gordon Thompson

Gordon Thompson has practiced DUI and criminal defense law in Arizona since 1982 — that’s more than 47 years and over 6,000 clients. He limits his practice exclusively to DUI and criminal defense. He does not handle divorces, personal injury, or any other area of law. Every case he takes, he takes seriously.

He serves clients throughout Arizona, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, and courts statewide. Consultations are free, available by phone, text, or video. His fee structure is a flat, all-inclusive rate — no surprise bills.