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Drug-Related DUIs in Arizona

Interviewer: Have there been any cases where that someone may have had one DUI with alcohol, a conviction and then the next one be charged as a medical one?  I’m just curious if there is a case where the second time it’s a different kind of DUI.

Brian: It’s really handled the same.  Medication and drug DUIs are handled slightly differently than alcohol DUIs, but as far as the law is concerned, if you have a prior DUI, whether it’s for alcohol or drugs or medications and you are charged with a new DUI, whether it’s for alcohol or drugs or medications, you are still going to be treated as a second time offender.

It is Uncommon for a Person to Have One Alcohol-Related DUI, Followed by a Drug-Related DUI

It does seem quite rare to have someone who had a first DUI for alcohol and their second one for medications.  Sometimes people have a combination of alcohol and drugs and medications in their system.  I can’t say that it’s necessarily common.  Usually, if the first one’s attributed to alcohol, the second one’s going to be alcohol. However, people aren’t always fitting into their little categories.

There Is No Reduction in Penalties When One DUI Is Alcohol-Related and another Is Drug-Related

Interviewer: I’m thinking of maybe a particular kind of instance where someone may say,

“I got a DUI.  I’m not going to drink anymore.  I’ve quit drinking.  That’s it.  It already got me into trouble.”  Some years down the line they’re on some prescription medication and something like that might happen, but you’re saying yes, it’s treated the same?

Brian: It is treated the same and I don’t think people really go out there trying to get a DUI.  People don’t want this to happen.  People don’t realize that they are impaired.  They take their medications because they need their medications.  Not because they want to drive around impaired.

People drink alcohol, at least for social situations or for whatever other reason and when they get behind the wheel, I think quite a few people don’t realize that they’re that impaired or they think they’re just going a short distance.

People don’t intend to get DUIs and intent is not part of the offense. 

The prosecutor doesn’t need to prove that the person intended to drive drunk or they intended to drive impaired.  It’s simply a matter of circumstances.  Someone who has done drugs or who has done taking their medications or has consumed alcohol, then at some point end up behind the wheel, maybe they shouldn’t have been there.

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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