If you or someone you know is facing a Wrong-Way DUI charge in Surprise, Arizona, it’s crucial to understand how serious these charges have become under Arizona’s newly amended DUI laws. At Arizona DUI Pros, we are dedicated to helping individuals navigate these high-stakes cases. With a proven track record and personalized approach, we’re here to protect your rights and work toward the best outcome. Call us now at (602) 922-3755 to schedule a free consultation.
Wrong-way driving is dangerous enough—but when combined with DUI, it’s now a fast track to a Class 4 felony in many cases under Arizona law. Let’s break down what it means to be charged with a Wrong-Way DUI, what the penalties are, and what your legal defenses may be.
What Is a Wrong-Way DUI in Arizona?
A Wrong-Way DUI occurs when a driver, under the influence of drugs or alcohol, enters or travels against traffic on a controlled-access highway or freeway. This isn’t just a regular DUI. Under ARS §28-1383(A)(5), it’s considered an aggravated DUI if the driver is on a freeway in the wrong direction, even if no accident occurs.
This law was updated in response to a surge in freeway collisions involving impaired drivers traveling the wrong way, especially in the Phoenix metro area and cities like Surprise. Even first-time DUI offenders may face felony charges under this law if the wrong-way element is proven.
Penalties for Wrong-Way DUI Under Arizona Law
Under ARS §28-1383, a Wrong-Way DUI is typically charged as an Aggravated DUI, a Class 4 Felony, and the penalties can be devastating:
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Mandatory minimum prison time of 4 months (not jail, prison)
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License revocation for 1 year
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Vehicle impoundment
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Installation of an ignition interlock device
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Felony conviction, with lifetime consequences on employment, housing, and gun rights
These penalties are on top of the standard DUI penalties (fines, alcohol classes, etc.) and cannot be suspended or reduced unless you obtain a deviation from the prosecutor—which is extremely rare without strong mitigation.
The Rise of Wrong-Way DUI Arrests in Arizona
Increased Incidents Across the State
In recent years, Wrong-Way DUI arrests have seen a sharp rise across Arizona. Freeways in cities like Surprise, Phoenix, and Tempe have become hot spots for these dangerous offenses. According to the Arizona Department of Transportation (ADOT), wrong-way driving incidents increased by over 30% in the last five years—with a significant percentage involving alcohol or drug impairment.
Freeway Design and Driver Confusion
One contributing factor to the rise in Wrong-Way DUI cases is the layout of freeway exits and entrances. In many older parts of Arizona’s freeway system, signage and lane design haven’t kept pace with the increased volume of drivers. This leads to confusion, particularly at night or when drivers are impaired.
Even well-meaning drivers can become disoriented and enter a freeway in the wrong direction. When impairment is involved, that wrong-way turn turns into a felony DUI under Arizona law.
Law Enforcement’s Response
Arizona DPS and local agencies, including the Surprise Police Department, have responded by increasing DUI task forces and investing in early detection technology. ADOT has installed thermal camera systems and radar sensors on certain freeway ramps to detect and report wrong-way drivers immediately.
Officers now receive real-time alerts when a vehicle is traveling in the wrong direction, enabling faster stops and more Wrong-Way DUI arrests. Patrols are particularly high during late-night hours and weekends when DUI incidents peak.
Public Awareness and Prevention Campaigns
To combat the problem, the state has launched public safety campaigns encouraging drivers to call 911 if they spot a wrong-way vehicle. Billboards, news stories, and even freeway message signs now display warnings about Wrong-Way DUI dangers.
Despite these efforts, enforcement continues to grow, and the number of Wrong-Way DUI arrests continues to rise, especially in cities like Surprise. For those charged, understanding the stakes—and getting immediate legal help—is more important than ever.
Hypothetical Scenario 1: The Mistaken Exit – Wrong-Way DUI
ARS §28-1383(A)(5) | Wrong-Way DUI
Late one Saturday night, 26-year-old Jacob left a friend’s house in Surprise after drinking a few beers. While trying to get onto Loop 303, he mistakenly entered the wrong on-ramp and started driving southbound in the northbound lanes. Officers quickly pulled him over before any accident occurred. His BAC was 0.12.
Jacob was arrested and charged with a Wrong-Way DUI under ARS §28-1383(A)(5). Despite it being his first DUI, the wrong-way element turned what would’ve been a misdemeanor into a felony DUI. He was stunned to learn that he now faced a minimum of 4 months in prison, a felony record, and long-term loss of driving privileges.
At his arraignment, the prosecutor made no offer. However, with the help of Arizona DUI Pros, Jacob’s attorney challenged the signage on the freeway and secured a plea to a misdemeanor DUI, avoiding a felony conviction. Still, this case shows how seriously Arizona treats any Wrong-Way DUI situation—even if no one was injured.
Hypothetical Scenario 2: Confusion After Medication – Wrong-Way DUI
ARS §28-1383(A)(5) | Wrong-Way DUI
Maria, a 52-year-old schoolteacher, was prescribed a new sleep aid for chronic insomnia. One evening, she accidentally took the medication and got behind the wheel, feeling drowsy. While attempting to merge onto Grand Avenue, she entered the wrong side of the divided highway and was stopped a mile later. Officers noticed slurred speech and confusion. No alcohol was involved, but a blood test revealed traces of the sedative.
She was charged with a Wrong-Way DUI under ARS §28-1383(A)(5). The law makes no distinction between alcohol and drug impairment. Maria had no criminal record, yet was looking at a felony, mandatory prison time, and professional discipline from the school board.
Arizona DUI Pros worked quickly to provide medical records and consult with a pharmacology expert. A successful deviation request led to a reduction in the charge to a reckless driving misdemeanor. But Maria’s case illustrates how even prescription medications can lead to a Wrong-Way DUI felony under Arizona’s strict interpretation of the statute.
What Makes a DUI a Wrong-Way DUI?
A Wrong-Way DUI is defined by the driver operating a vehicle on a freeway or divided highway in the opposite direction of traffic while under the influence. The driver’s intent, level of impairment, or actual collision does not need to be proven.
Per ARS §28-1383(A)(5), the act of driving the wrong way while impaired automatically qualifies as an aggravated DUI. This distinguishes it from standard DUI laws, which typically allow more room for mitigating circumstances.
Arizona lawmakers have taken a zero-tolerance stance. Even a short wrong-way movement—like pulling onto the wrong off-ramp—can result in an arrest for Wrong-Way DUI.
What Happens After a Wrong-Way DUI Arrest?
The Immediate Aftermath
A Wrong-Way DUI arrest in Surprise usually begins with a freeway stop by DPS or local police. Once stopped, the officer will conduct field sobriety tests and likely request a breath or blood test. If impairment is confirmed and the driver was traveling in the wrong direction, they will be taken into custody and booked on felony charges.
Unlike a standard DUI, a Wrong-Way DUI involves enhanced penalties and more complex procedures. You won’t be released with a simple citation—felony bookings often mean an overnight stay and a bail hearing.
Felony Arraignment in Court
Your first court appearance is typically an Initial Appearance or Felony Arraignment held at the Maricopa County Superior Court. During this hearing, a judge will inform you of the charges and set conditions of release. In Wrong-Way DUI cases, prosecutors often push for high bail or strict pretrial supervision, citing public safety concerns.
Arizona DUI Pros can begin working at this stage to argue for reduced bail and reasonable release terms.
License Suspension and Admin Action
Within 15 days of the arrest, ADOT will move to suspend your license under implied consent laws. This is separate from the court case and happens automatically. If you don’t act quickly, you could lose your license for up to a year, even if you’re later found not guilty.
Our team at Arizona DUI Pros helps clients request an administrative hearing to fight license suspension and retain limited driving privileges.
Building the Defense
From the moment of arrest, time is critical. Video evidence, blood samples, dispatch logs, and even freeway signage conditions can be part of your defense. Arizona DUI Pros immediately begins collecting this evidence and evaluating every detail of your Wrong-Way DUI arrest.
We’ll guide you through plea negotiations, diversion options (if available), and trial preparation if needed. With a felony on the line, no one should go through this alone. The sooner you contact us, the better your chances for a favorable outcome.
Relevant Arizona Statutes
The main law governing Wrong-Way DUI charges is:
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ARS §28-1383(A)(5) – Aggravated DUI for driving the wrong way on a highway while impaired
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ARS §28-1321 – Implied consent law requiring blood, breath, or urine tests
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ARS §28-1381 – Standard DUI for driving while impaired to the slightest degree
These statutes outline Arizona’s strict stance on impaired driving, especially on public highways. Unlike standard DUI laws, Wrong-Way DUI charges skip misdemeanor status and jump straight to felony territory.
Frequently Asked Questions (FAQ) – Wrong-Way DUI in Arizona
1. Can I be charged with a Wrong-Way DUI if no accident occurred?
Yes. Under Arizona law, driving the wrong way on a freeway while impaired is a felony—even without an accident.2. What if I was confused or misled by road signs?
This may be used as a defense or mitigation, but it doesn’t prevent charges. However, Arizona DUI Pros can investigate the road conditions and signage to challenge the charge.3. Can I get a Wrong-Way DUI reduced to a misdemeanor?
It’s rare, but possible. A strong defense, medical or procedural issues, or expert testimony may persuade the prosecutor to offer a deviation or reduction.4. Does a Wrong-Way DUI always mean prison time?
If convicted under ARS §28-1383, prison is mandatory. However, experienced attorneys can often find alternatives or negotiate reduced charges.5. Will I lose my license?
Yes. A Wrong-Way DUI conviction results in an automatic 1-year revocation under ADOT rules.
Arizona DUI Pros: Your Wrong-Way DUI Defense Team
If you’re facing a Wrong-Way DUI charge in Surprise or anywhere in Maricopa County, you need a skilled legal team immediately. The laws are strict, the consequences are severe, and your freedom is on the line.
At Arizona DUI Pros, we are ready to step in, assess your case, and start building your defense. We understand how to challenge every detail—from BAC results to road signage to medical conditions. Our team is compassionate but aggressive where it counts.
Call us now at (602) 922-3755 to set up your free consultation. Don’t face a felony Wrong-Way DUI charge alone—get Arizona DUI Pros on your side today.
