Wrong Way Driving in Arizona: ARS 28-694 click for a free consultation

Posted on October 24, 2025 in assault & violent crimes

Wrong-way driving in Arizona is a serious matter because the risk of a head-on collision between two motor vehicles is high, which often results in serious injuries and fatalities. Under Arizona law, a wrong-way driver can be subject to both criminal and civil liability.

In this post, we discuss Arizona’s laws relating to wrong-way driving, the possible penalties you can face for wrong-way driving, and possible defenses to a wrong-way driving charge.

Rosenstein Law Group represents drivers accused of wrong-way driving in the state of Arizona. If you are facing a charge of wrong-way driving, including a larger charge like aggravated DUI that involves wrong-way driving, call us immediately at (480) 248-7666 to speak with an experienced Arizona criminal defense lawyer.

What Is Wrong-Way Driving in Arizona?

Arizona has a wrong-way driving law under Arizona Revised Statutes (ARS) Section 28-694. The language of this statute defines a wrong-way driver as “A person who drives the wrong way on a controlled access highway” so that the vehicular movement is in “…a direction opposing the legal flow of traffic.”

The statute goes further to exclude from the definition of wrong-way driving a median crossing or a collision that ends with a vehicle facing the wrong way.

The statutory penalty for wrong-way driving has two parts:

• A civil penalty of $500; and
  
• A requirement to successfully complete approved traffic survival school educational sessions.

What is a Controlled Access Highway?

ARS 28-694 limits its application to controlled-access highways. ARS 28-601(2) defines a controlled access highway as “…a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.”

How Can Wrong-Way Driving Occur?

People can find themselves driving in the wrong direction for any of several reasons:

• Driving under the influence of alcohol or drugs (DUI). This is a tragically common reason why a driver ends up driving into oncoming traffic on a highway. Two out of three wrong-way crashes are caused by impaired drivers, and these drivers often have blood-alcohol levels more than twice the legal limit.
  
• Older drivers. A correlation exists between elderly drivers and a higher rate of driving the wrong way in traffic. This can be due to medical conditions like dementia, delirium, or impaired vision.
  
• Inexperienced drivers. On the other end of the spectrum from older drivers are drivers who have little driving experience, or those who are unfamiliar with the roads on which they are traveling.
  

• Distracted driving. Texting or talking on the phone while driving can lead a driver to miss seeing an important “Wrong Way” sign on a highway on-ramp.
  
• Poorly marked highway on-ramps. A highway on-ramp that is not clearly marked with signs to warn drivers not to enter the wrong way increases the chance of even a sober or experienced motorist making a mistake and using an off-ramp as an on-ramp.

How Wrong-Way Driving Can Lead to Other Charges

Some Arizona statutes can make wrong-way driving an element of a larger felony charge under certain circumstances.

Wrong-Way Driving as Reckless Driving

ARS 13-105(10)(c) defines criminal recklessness as being aware of and consciously disregarding a substantial and unjustifiable risk that a result will occur or that a circumstance exists. The risk must be of such a nature and degree that disregarding it is a gross deviation from the kind of conduct that a reasonable person would have in the same situation.

Arizona law does not allow voluntary intoxication to negate recklessness (see ARS 13-503).

When a driver, whether voluntarily intoxicated or sober, travels in the wrong direction on an Arizona highway, this constitutes a gross deviation from the standard of a reasonable driver. Wrong-way driving inherently poses a substantial and unjustifiable risk of a head-on collision.

ARS 28-693 makes reckless driving a Class 2 misdemeanor, unless the driver already has a qualifying prior conviction, the commission of which occurred within 24 months of the current reckless driving conviction. In this case, a conviction for reckless driving is a Class 1 misdemeanor.

Qualifying prior convictions include:

• DUI, extreme DUI, super extreme DUI, or aggravated DUI.
  
• Wrong-way driving.
  
• Racing on highways.

Wrong-Way Driving and Aggravated DUI

If you drive the wrong way on a highway and are arrested for DUI, extreme DUI, or super extreme DUI in Arizona, ARS 28-1383(A)(5) makes this an act of aggravated DUI. Aggravated DUI committed by driving the wrong way on a highway is a Class 4 felony.

Wrong-Way Driving as Part of Assault and Aggravated Assault

Under ARS 13-1203(A)(1), a person can commit assault by recklessly causing injury to another person. As we have shown above, wrong-way driving is a reckless act as a general rule.

Under ARS 13-1204(A), assault becomes aggravated assault if serious physical injury occurs or if a dangerous instrument is involved. ARS 13-105(12) defines a dangerous instrument as “…anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.” Under this definition, a motor vehicle can become a dangerous instrument in a wrong-way driving incident.

Thus, if you are driving the wrong way down a highway and get into an accident causing serious injury, this may qualify as aggravated assault (note that Arizona has no separate law for “vehicular assault”).

Wrong-Way Driving as Part of Manslaughter

ARS 13-1103 defines manslaughter as recklessly causing the death of another person. If wrong-way driving constitutes reckless driving and results in an accident causing another’s death, it may qualify as manslaughter under Arizona law.

A conviction for manslaughter is a Class 2 felony in Arizona.

Wrong-Way Driving as Part of Evading Law Enforcement

Driving the wrong way down a highway in an effort to flee from or attempt to elude a pursuing law enforcement vehicle can be a Class 5 felony under ARS 28-622.01.

What are the Penalties for Wrong-Way Driving in Arizona?

Depending on the facts of your case, a conviction involving wrong-way driving can result in a conviction ranging from a Class 2 misdemeanor to a Class 2 felony.

The following table summarizes some of the legal punishments that can result from first-time convictions, in increasing order of severity.

Class of Offense	Type of Offense Involved	Jail or Prison Term	Fines before surcharges	Probation
Class 2 misdemeanor	Reckless driving	Up to 4 months in jail	Up to $750	2 years
Class 1 misdemeanor	Reckless driving with one prior qualifying offense within 24 months	Up to 6 months in jail	Up to $2500	3 years
Class 5 felony	Evading law enforcement pursuit	Six months in prison mitigated the minimum sentence.Presumptive sentence of 18 months.Maximum aggravated sentence of 2.5 years.	$150,000	3 years
Class 4 felony	Aggravated DUI	4 months in prison is the mandatory minimum sentence.Presumptive sentence of 2.5 years.Maximum aggravated sentence of 4 years.		10 years
Class 2 felony	Manslaughter	Four years in prison mitigated sentence.Presumptive sentence of 5 years.Maximum aggravated sentence of 12.5 years.		7 years

In addition to the penalties above, a felony conviction in Arizona can result in additional consequences:

• You may lose your constitutional right to keep and bear arms.
  
• You may lose the right to vote in elections or hold public office.
  
• Getting or keeping a job or renting a place can be harder to do.
  
• If you have a professional license in Arizona, this license may be revoked.
  
• A felony conviction will stay on your criminal record.

Additionally, your Arizona driver’s license can be revoked for one year. After 90 days, you may be eligible to obtain a restricted license to drive to work or school, provided you purchase an SR-22 certificate.

Possible Defenses to Wrong-Way Driving in Arizona

Just as the circumstances of your case can determine what kind of crimes and penalties you may face for wrong-way driving, your available defenses can also be based on the circumstances.

Some of the possible defenses that your Arizona criminal defense attorney may be able to make on your behalf include:

• You did not intend to drive the wrong way, such as a situation in which you were confused about a controlled access highway.
  
• You were suffering from a medical condition or an emergency situation.
  
• If you were intoxicated, the intoxication was involuntary.
  
• The design of the highway or controlled access highway is such that wrong-way or do-not-enter signs were not reasonably visible to you.
  
• Insufficient evidence for meeting the burden of proof.
  
• The police engaged in misconduct during your detention or arrest, or committed errors in drawing drug or alcohol screening samples from you or in conducting field sobriety tests.
  
• The police report of the incident contains errors.

Have You Been Accused of Wrong-Way Driving in Arizona?

If you or someone you love has been accused or charged with wrong-way driving in Arizona, contact the attorneys at Rosenstein Law Group for a free initial consultation today.

Our law firm has certified DUI and Criminal Law specialists who represent people facing DUI and criminal charges throughout Arizona.

Call one of our attorneys 24 hours a day, seven days a week at (480) 248-7666. Or use our online contact form to speak with an experienced Arizona defense lawyer and to schedule a free consultation.