Investigative Article

Wrong Way Driving: Felony DUI

Wrong-way driving is a serious problem that has taken the lives of many innocent people. In Arizona, driving the wrong way is considered an aggravated DUI and is therefore subjected to more severe penalties. This investigative article aims to uncover the details of what constitutes an aggravated DUI charge in Arizona, how the state defines wrong-way driving and a highway, the penalties involved for violating this law, the possible defense strategies, and frequently asked questions about aggravated DUI charges.

What is an Aggravated DUI Under Arizona Law?

In Arizona, a DUI charge becomes aggravated when the defendant was driving under the influence while having a suspended license, a child under the age of 15 in the car, or when the defendant committed the DUI offense while driving the wrong way on a highway, such as an interstate freeway. The law considers wrong-way driving a particularly dangerous form of DUI due to the higher likelihood of a serious head-on collision.

How Does Arizona Define "Wrong Way Driving" and "Highway"?

Arizona laws define wrong-way driving as driving a motor vehicle in a direction opposite to that prescribed for the lawful movement of traffic on a highway divided into at least two marked lanes with an intervening space. A "highway" is defined as a roadway that is controlled access, meaning that it has a limited number of entrances and exits, such as an interstate freeway.

What are the Penalties for an Aggravated DUI Charge?

The penalties for an aggravated DUI charge in Arizona are severe and can result in jail time, significant fines, suspension of driving license, mandatory counseling, and community service. Repeat offenders or those who caused serious injury or death while driving the wrong way can face more severe penalties.

What are Defense Strategies for a Felony DUI?

There are various defense strategies that can be employed to reduce the severity of an aggravated DUI charge. Some possible defense strategies include mistaken identity, inaccurate breathalyzer results, illegal police stops, inadequate police training, and faulty blood tests. It is essential to hire an experienced defense lawyer who understands the legal complexities of DUI charges and can represent the defendant most effectively.

Aggravated DUI FAQ

Q: Can I refuse to take a blood or breath test if I am stopped for suspected DUI?
A: Refusing to take a blood or breath test in Arizona can result in a mandatory suspension of your driving license for up to one year.

Q: Do I need to hire a defense lawyer for an aggravated DUI charge?
A: Yes, it is strongly recommended to hire an experienced defense lawyer to represent you in court, as aggravated DUI charges are very complex and can carry severe penalties.

Q: Can I plea-bargain an aggravated DUI charge to a lesser offense?
A: In some cases, a defense lawyer can negotiate with the prosecution for a plea bargain, which can result in reduced charges and penalties. However, every case is different, and the likelihood of a plea bargain depends on the specific circumstances of the case.

Conclusion

Driving the wrong way on a highway is an aggravated DUI charge according to the Arizona law and carries severe penalties. It is essential to understand how Arizona defines wrong-way driving and a highway and the possible defense strategies to reduce the severity of the charge. Hiring an experienced defense lawyer is critical to ensuring that the defendant's rights are protected and justice is served. For more information on aggravated DUI charges in Arizona, please visit Wrong Way Driving: Felony DUI.