Facing a Drug DUI Charge in Arizona?

Over the last decade, a large increase of Drug DUI cases has been seen in the state of Arizona. Even if a driver is not driving under the influence of alcohol, they can still be stopped and charged with a DUI if they are under the influence of drugs or other controlled substances. A Drug DUI charge is a serious offense and one that carries harsh penalties and severe consequences. Therefore, anyone facing a Drug DUI in the state of Arizona must seek legal professional counsel immediately to defend the charge and fight their case.

What is a DUI with Drugs charge?

A.R.S. §28-1381 defines DUI as being in actual physical control of a vehicle while under the influence. It could be an intoxicating liquor, any kind of drug, a vapor releasing substance that contains a toxic substance, or any combination of these. The law states that anyone found driving a vehicle while under the influence of any controlled substance in their body may be convicted with a drug DUI offense.

Common Types of Drugs

Some of the most common drugs that may result in a drug DUI charge include marijuana, cocaine, ecstasy, nitrous oxide, methamphetamines, amphetamines, psilocybin mushrooms, as well as opiates such as heroin, hydrocodone, oxycodone, or codeine. All these are intoxicating drugs and presence of any of them in the human body will result in a drug DUI charge. The common terms used for a Drug DUI charge include Pot DUI, THC DUI, Metabolite DUI, or Weed DUI.

Road Side Tests

When someone is pulled over on suspicion of driving under the influence of drugs, the law enforcement officer will almost always conduct a road site test, also called a field sobriety test. Some of the common road side sobriety tests include the heel-to-toe test, one leg stand, finger-to-nose test, horizontal gaze nystagmus, and the alphabet recitation. If the investigating officer detects drugs to be involved, then they will issue a urine or blood test. Depending on the circumstances, it is not always advised to take these tests. Getting help from an attorney is advised in these situations.

Consequences of a Drug DUI charge

First time offenders facing a Drug DUI charge in Arizona with no accident involved will most likely be facing a misdemeanor charge. Repeat offenders face a felony charge. According to ARS section 13.707, the presumptive sentence for a first time offender is 6 months in jail along with a minimum fine of $250. Sentencing and penalties may include court fees along with drug education classes. If you have a qualified attorney representing you in court, or if you accept a plea bargain, you may face reduced sentencing. Your attorney may also be able to have all jail time suspended.

The presence of a controlled substance in your system is enough to charge you with a drug DUI offense in Arizona. To protect your rights and to avoid a criminal charge, it is advised to seek legal help immediately. Contact the Law Offices of Brian D. Sloan at 480-900-0384 or 602-900-0384 for a Free Initial Consultation to have your charges reduced or dismissed.

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Brian Douglas Sloan


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

Top 1%

Top One Percent in the Nation

Superb 10/10


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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Email address:
2 N. Central Ave Suite 1929
Phoenix, AZ 85004