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Speaking to Police & Arrest Scenarios

Interviewer: If someone were to get pulled over for a DWI or DUI and they had indeed been smoking maybe a few days before, would it still be a good idea for them to disclose that information to the officer, or should they still be discrete about that and consult a lawyer?

Brian Sloan: It’s never a good idea to be open and honest with the officer. Not that you should lie to the officer, but you just need to stay quiet. Anything you say can and will be used against you in a court of law. That is told to you as part of your Miranda rights. Whether you are actually advised of your Miranda rights or not, you always have those constitutional rights under the Fifth Amendment. Shutting up is the best advice. If the officer asks you your name, you can give him your name. You can give him a form of identification. You should not be giving the officer any information that they can use against you. You should never admit to smoking marijuana. You should never admit to doing any drugs. You just don’t answer the officer’s questions. Tell them that you are invoking your right to remain silent.

Interviewer: If I were arrested and I was given a blood draw or a urine analysis, and it finds out that I’m at that safety zone as far as the hydroxy-THC goes, and I acknowledge and I find out that that’s not going to count against me, does that mean, necessarily, that I’m going to be home free?

Brian Sloan: Well, wait a minute, you mean carboxy; it’s carboxy-THC where you can’t be charged. If they find hydroxy-THC you can still be charged; you can still be convicted with hydroxy. Currently, they don’t test for that. The problem is that if the officer has probably cause to draw your blood or take your urine, and if they got a warrant or if they got your consent to get the blood or urine, the person’s not going to know what they are going to have in their system, whether it’s going to be THC, carboxy-THC, or hydroxy-THC; they’re really not going to know.

If someone was arrested for a DUI and if all they had was marijuana, if they hire me to represent them, and if I go into courts for my client and I am told that the case is being dismissed because all they found was carboxy-THC, I will refund the majority of my client’s money. The case is going to be dismissed. The dismissal had nothing to do with me. It’s certainly that the evidence wasn’t there. I refund all but usually about $250 just for the time that I put into it.

Interviewer: Let’s say I have failed the standardized field sobriety test, but this still comes out where, like I said, I’m in that safety zone as far as the marijuana goes, but they’re trying to take into account that I accidently said something like, “Oh, yeah, I was smoking last night.” If that was the situation, are they going to move on from that and say, “Okay, well, we have other evidence as well”?

Brian Sloan: The prosecutor still really does not have any evidence. If they only show that they have carboxy-THC, but the person did horribly on the field sobriety tests and admitted to smoking marijuana two days earlier, they still have nothing because carboxy-THC is not impairing. Why did the person do badly on the field sobriety tests? Maybe they have no balance, or they have other issues. It can’t be attributed to the carboxy-THC because carboxy-THC is non-impairing, so the case still should be dismissed. There’s no reason for the case to move forward and there’s no evidence for the prosecutor to use to move forward, other than the person has bad balance, and that’s not a crime.

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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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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