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An Overview Of Overturning a Drug-Related DUI Conviction (RULE 32) In Arizona

Interviewer: Can you please provide an overview of the new legislation about convictions being overturned in regards to the DUI?

Arizona’s Supreme Court Has Recently Overturned a Drug-Related DUI Case, Based on Evidence That the Driver’s System Had the Inactive Marijuana Compound

Brian Sloan: It’s an Arizona Supreme Court case interpreting Arizona law concerning DUI drug convictions. The Arizona Supreme Court came back in a case called State versus Shilgevorkyan, where they determined that driving with Carboxy-THC, which is the inactive metabolite of marijuana, should not be charged as a DUI.

Recent Drug-Related DUI Cases Attributed to Marijuana May Now Be Retried

Interviewer: If my conviction was overturned, will it be retried or dropped?

If a Past Conviction Is Overturned, the Prosecutor Will Decide to Move Forward, Offer a Plea Agreement or Dismiss

Brian Sloan: Technically it can be retried. I’ve now done about five of these in different courts around the valley and I’ve had a couple of different outcomes. Overturning the conviction technically places you back on Day 1, where the prosecutor can decide to move forward with going to trial, or, often, a plea agreement, or can decide to just dismiss it outright and end the case right there.

I have heard from some of my associates that, in some cases, while the prosecutor is not fighting the dismissal itself and overturning the conviction itself, they are deciding to continue to go forward on Count 1. They move forward, proceeding on the belief that the person was driving and that their ability to drive was impaired to the slightest degree by the use of alcohol, drugs, medications, vapor-releasing substances, or a combination thereof.

So, technically, if a person were to plead guilty to DUI, drugs or medications, pursuant to Arizona Revised Statute 28-1381A3, and all they had in their system was the metabolite of marijuana—the inactive one, which is called Carboxy-THC—then that conviction can be overturned. But the person can still be charged with being impaired to the slightest degree by drugs, medications, alcohol, or a combination thereof under NRS 28-1381A1.

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

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

I have spent my entire career focused on Arizona DUI Defense representation, having personally defended over 4,200+ DUI clients in the past 19+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, I can comfortably say, "I’m not the one for you."

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 they think people want to hear them. 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, Criminal Cases, Accident Cases, and Divorces. 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 Phoenix DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price.

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

I am one of Arizona's most award-winning DUI Defense Lawyers, recognized nationally, including in a 2022 issue of USA Today.

There are no other private DUI Defense Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a flat rate for my legal services without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being the 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 documented best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my cell phone: 480-720-7839.

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Brian Douglas Sloan

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