Driving the Wrong Way on a Highway: Aggravated
Driving the Wrong Way on a Highway: Aggravated DUI
According to A.R.S. 28-1383(A)(5), driving the wrong way on the highway while under the influence is considered a class 4 felony in Arizona. In order to convict someone of this offense, the State must demonstrate that the individual (1) was operating or had physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or higher; and (3) was traveling on the incorrect side of the highway.
Driving the wrong way on a highway while under the influence of alcohol can result in severe consequences, depending on the severity of the offense. There are three categories of offenders, each with their own set of penalties. These categories are determined based on the level of impairment and prior DUI offenses. Additionally, there are other related topics to consider when facing an aggravated DUI charge.
This violation does not cover a motorist who has crossed a median or performed a "median jump". Instead, A.R.S. 28-1383(P)(2) explicitly exempts a "median jumper" from being charged under this clause. In fact, the purpose of this clause is to penalize intoxicated drivers who enter a freeway or highway in the wrong direction. This creates a hazardous situation where an impaired individual is driving at excessive speeds in the opposite direction of traffic. Tragically, this often leads to fatal consequences.
In a recent update, the Aggravated DUI laws in Arizona were modified to classify this behavior as a felony. Previously, the State had the option to charge Endangerment in such cases, but not Aggravated DUI. With the new inclusion of this provision, the approach has been altered. Furthermore, a first-time offender found guilty under this statute is obligated to serve a minimum of 4 months in prison as a condition of probation. There are also other consequences of a conviction, which will be discussed further.
Ramifications of Driving Under the Influence in the Opposite Direction on a Highway
The penalties for a class 4 felony Aggravated DUI vary based on an individual's past criminal history and can result in severe consequences. In particular, the repercussions for a non-dangerous felony offender falling under Categories 1, 2, and 3 are outlined below.
Offender of Category 1
A Category 1 offender does not have any previous felony convictions or allegations. If someone is found guilty of Aggravated DUI as a Category 1, non-dangerous offender under this section, they will encounter the following consequences:
- A maximum of 10 years of supervised probation can be granted; However, a minimum of 4 months of imprisonment must be served as a condition of probation.
- If a person is given a prison sentence without probation, they will be subject to the following range of prison terms:
Prison sentence of at least 1 year.
According to initial assumptions, the individual may face a prison sentence of 2.5 years.
The maximum sentence for this offense is 3.75 years of imprisonment.
- Revocation of Driver's License
- Mandatory Installation of Ignition Interlock Device
- Penalties, Charges, and Additional Fees
Offender in Category 2
Individuals in Group 2 have been previously convicted of at least one eligible felony. If an individual is charged as a non-dangerous offender in Group 2 under this provision, they will encounter the following repercussions:
Ineligible for probation; Imprisonment only. Imprisonment ranges:
- The minimum sentence for imprisonment is 2.25 years.
- The sentence that is expected to be given is 4.5 years in prison.
- The maximum sentence for this crime is 7.5 years in prison.
- Revocation of Driver's License
- Mandatory Installation of Ignition Interlock Device
- Penalties, Charges and Additional Fees
Offender in Category 3
A Category 3 non-dangerous offender is someone who has been convicted of at least two felonies in the past. If they are charged with Aggravated DUI under this section, they may face the following consequences:
Ineligible for probation; Incarceration required.
- The minimum sentence for this offense is 6 years in prison.
- Possible Sentence: 10 Years in Jail
The maximum sentence for this crime is 15 years of imprisonment.
- Revocation of Driver's License
- Compulsory Installation of Ignition Interlock Device
- Penalties, Charges and Additional Fees
Why Choose Huss Law, PLLC as Your Aggravated DUI Lawyer?
It is crucial to seek the guidance of an experienced Arizona Aggravated DUI lawyer, as shown by the aforementioned prison cases. Jeremy L. Huss, the founding attorney of Huss Law, PLLC, has a wealth of experience in dealing with Arizona DUI cases and prosecutions, spanning over 20 years. He has also spent almost 13 years as an Arizona felony prosecutor, handling multiple DUI, Aggravated DUI, and other vehicular crime cases. During his tenure as a prosecutor, Mr. Huss provided training to law enforcement officers on DUI investigations and search and seizure. He possesses extensive knowledge in DUI investigations, as well as matters concerning blood and breath tests. Furthermore, with his years of experience in trials, Mr. Huss is an expert in DUI defenses, including cases where the driver was not in actual physical control of the vehicle. If someone is facing charges of Aggravated DUI, they should immediately contact Huss Law for a complimentary consultation.