DUI has a new aggravation — wrong way driving — as of 2018. Presumably added in the recent years as wrong-way driving, which is almost always associated with impairment, seems to have become more common.
This popped up in the news a few days ago; when police say driver Charles Tack was DUI, driving the wrong way, and involved in a (non-injury) collision on the Loop 202 freeway near I-10.
The driver is president of the Charter School Board, making this newsworthy perhaps only because of that; the “celebrity” effect.
In years past, before the seeming profusion/spate dating to ~ 2014 of horrendous wrong-way driving incidents on Phx metro freeways, the driver would likely only have been charged with “simple” DUI, a minor misdemeanor that typically nets a few days in jail. Had the incident resulted in a serious injury or a death, the driver then would (both then and now) be charged with very serious felonies — aggravated assault / 2nd degree murder… but in this instance since no injury resulted prosecutors would be left with no more serious criminal options; enter aggravated DUI, a class 4 felony.
§28-1383 A5. Commits a violation of section 28-1381, section 28-1382 (i.e. plain-old DUI) or this section while driving the wrong way on a highway.
… “Wrong way” means vehicular movement that is in a direction opposing the legal flow of traffic. Wrong way does not include median crossing or a collision where a motor vehicle comes to a stop facing the wrong way.
A quick note about the meaning of the word ‘highway’; in legal lingo that means any street, it’s not restricted to freeways or somesuch.
On two-way streets/highways, the “legal direction” would be defined as being in compliance with 28-721, the rule that says drivers must drive (or ride) upon the right-half of the roadway, see ride-with-traffic.
Most or all freeways, of course, aren’t two-way roadways, they are two separate one-way roadways; (controlled by signage, i suppose?); it’s interesting that they excluded median-crossing.
History of Aggravated DUI
To review history of this statute, use “title section search“. Here are the 5 ways to get an aggravated DUI:
- DUI while the driver’s license has problems (before 1999)
- repeat DUI within some timeframe (before 1999)
- DUI with a child in the car (this used to be a separate, less serious, statute, 28-1387, p.280 session laws ch76 42nd 2R, 1996 . At some point it got rolled into Agg DUI)
- DUI if driving while an alcohol interlock is required (~2005?)
- DUI while driving wrong-way (2018; HB2243 53rd 2R )
Since it’s a class 4 felony, and presumably dangerous; the sentencing is NOT probationable (i.e. a minimum of 6/7th of the amount of time sentenced must be served in prison), and the range is 4/6/8 years (min / presumptive / maximum). See Arizona’s Truth in Sentencing for details.
This sounds like a lot. Maybe there’s something I’m not understanding; but AFAIK the only way around it would be to somehow claim it’s “not dangerous” which seems ridiculous but there you have it. Under that section, the sentence could be as little as 1 year, and from what I recall any or all of it can be suspended at the judge’s discretion, which would or could result in no incarceration; there is, however, a provision within the law itself 28-1383D3 that places an absolute minimum of 4 months prison time for a wrong-way DUI conviction.
So once the case gets going, can be followed here for outcome.
- Maricopa County Superior Court Case CR2019-123358
28-1383A5 (F4) AGG DUI-WRONG WAY DRIVING
- Case Minutes (apparently none, at the moment)
The date of incident is 5/19/2019; should also generate an Arizona Crash Report.