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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


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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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