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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Why Attorney Brian Douglas Sloan?
Phoenix DUI Lawyer

Why Attorney Brian Douglas Sloan?


18+ Years SOLELY Focused on DUI Defense


4,100+ DUIs Successfully Defended

Top Accolades

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

  • Top 10 in Arizona

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Top One Percent in the Nation

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4.9 / 5.0


“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 DUI Defense representation, having personally defended more than 4,100+ DUI clients in the past 18+ years.

If you’re looking for a divorce attorney, tax attorney, or civil attorney, then 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 that is what they think people want to hear. The truth of the matter is, being "aggressive" rarely gets the client anywhere in these court systems. Being "aggressive" isn’t the same as being good, and is often used to put on a show for a client to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the lawyers that claim to do DUI Defense... and Criminal Cases..., and Accident cases..., and Divorces. A Jack-of-all-Trades is a master of none. By handling all different 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.

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

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

I am one of the most award-winning DUI Defense Lawyers in Arizona; have been recognized nationally, including in a 2022 issue of USA Today; and there are only a few lawyers in Arizona who have personally defended more DUI cases than I have. I am also one of the most reasonably-priced DUI Lawyers, as I pride myself on charging a Flat Rate only for the legal services you need, and not for the legal services you don’t.

I am also the lawyer who people call once they realize that their original lawyer screwed something up, gave them false hope or false promises, or simply just took their money and didn’t do much on the case. You would be surprised at how often this happens.

Save yourself the trouble of hiring the wrong lawyer, and hire the right DUI Defense Lawyer from the start.

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

Let me know if you have any questions!

Brian Douglas Sloan

DUI Attorney

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2 N. Central Ave Suite 1929
Phoenix, AZ 85004