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Contacting an Attorney

Interviewer: If I have a case, what’s the first thing I should do? Should I contact an attorney first or should I start looking for all that paperwork?

Brian Sloan: Probably the first thing to do is contact me, and we can walk through it because it is somewhat complicated. People don’t understand the difference between the marijuana THC and the metabolite of THC. Some people think the Arizona Supreme Court has overturned marijuana DUI convictions, or have said that marijuana DUI offenses aren’t really crimes; that’s not true. It is this very limited ruling saying that if you solely had carboxy-THC without the parent drug of THC in your system after your blood or urine was tested, then that is not a crime.

Now, many people have the active ingredient of marijuana, which is THC, as well as carboxy-THC in their system. Those people will not be able to get their conviction overturned. It is only if you have carboxy-THC and no other impairing drugs or medications in your system.

Interviewer: When it’s broken down, does that depend on an individual for how long that takes?

Brian Sloan: It does depend on how a person metabolizes the drugs. If someone smokes marijuana, they will get active THC in their system; that’s what makes them high. That’s what makes them feel good. The active THC stays in a person’s system for usually about a day or two. It is then metabolized into hydroxy-THC which is still an active metabolite of marijuana, and that will only stay in a person’s system for a few hours. Then that is metabolized into carboxy-THC, which is inactive and can stay in a person’s system for upwards of 45 days, but usually around 30 days.

Here’s the important thing to note: it doesn’t matter if you told the officer that you smoked marijuana, even if you told the officer that you just got done smoking marijuana. What matters is what was in the person’s system. Did they have carboxy-THC in their blood or urine test results, or did they have active THC in their blood or urine test results? We don’t necessarily care what they told the officer, even if they told the officer that they told the officer that they felt really impaired, even if they told the officer that they still felt that they were high while driving. What matters are the test results.

DMV Consequences

Interviewer: What about with the DMV? Are there any other factors or does it work the same way with the DMV? Do they look at that sort of evidence?

Brian Sloan: The motor vehicle division is going to be something different. A person usually loses their license for 90 days for being suspected of DUI. That isn’t necessarily going to change. We’re probably not going to get anything like that overturned. If a person was convicted of DUI for drugs for having solely carboxy-THC in their system and their license is revoked for one year, that is something that we should be able to get overturned. That is something that we will be asking the courts to overturn because they should not be convicted of something where it involves carboxy-THC, and therefore they should not have their license revoked for something they should never have been convicted or charged with.

If a person refuses the blood or urine test at the request of an officer and they end up with their license being suspended for one year, it’s not very likely that is something we will be able to overturn. It is a separate issue whether they refused or not.

Interviewer: Is there anything else that you would like to mention in regard to the new ruling or metabolites?

Brian Sloan: There’s an issue that this case brings up: when someone is charged with being impaired to the slightest degree, as opposed to being charged with DUI drugs itself. I do believe that we can get those cases overturned where someone has pled guilty to count one of being impaired to the slightest degree by the use of alcohol, drugs, medications, vapor-releasing substances, or a combination thereof, when the only evidence that the prosecutor had was carboxy-THC, maybe in combination with low levels of alcohol.

When we are talking about the documents that we need in order to attempt to overturn the conviction, what we’re really looking for is that the person pled guilty to Arizona Revised Statute 28-1381(A)(3); that is going to be our best chance of getting the conviction overturned if the person only had carboxy-THC in their system. If the person pled guilty or was convicted of Arizona Revised Statute 28-1381(A)(1), I still believe that we can get that conviction overturned if the only evidence is carboxy-THC, maybe in combination with low levels of alcohol, but it might be a little bit more of an argument through the courts.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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