How Is The Feasibility Of Overturning a Past Conviction Determined?

Interviewer: What would you say are my chances for success, if indeed this was the case, and if I was eligible?

The Best Scenario Currently Is If the Driver Pled Guilty to Statute 28-1381A3

Brian Sloan: It’s a case-by-case basis. The best results are going to be where there is only marijuana with metabolite, the inactive one, being Carboxy-THC, in the system; that there is no alcohol; that there was only one chemical test done, either a blood or urine test; and where the person pled guilty solely to 28-1381A3. That is going to be the best scenario.

Any time there is anything else found in the person’s system, such as if there is any little bit of alcohol in their system, if they pled guilty to the 28-1381A1, if there was a test done on a urine sample but the prosecutors never bothered to test the blood sample—that can complicate things. It doesn’t mean that we are not going to be able to get the conviction overturned, but it just adds on some additional facts that we may have to deal with.

Are There Any Risks Associated with Overturning a Conviction?

Interviewer: Are there any risks in initiating this process?

Your Attorney Can Advise You during an Initial Consultation If There Are Grounds to Overturn the Conviction

Brian Sloan: There really aren’t many risks involved, other paying my fees. There’s no guarantee, but I can give people a pretty good indication as to whether the request to overturn would work or not. Technically, getting the case overturned does not necessarily mean that the case is dead.

As I mentioned, you can start over again at Day 1. I think two of the five or six cases that I’ve done this on, it got completely overturned and that’s going to be the end of the case. They are not going to attempt to move forward. On some cases that other attorneys are handling, it sounds like they are planning on moving forward. They’re just going to start over again and they’re going to take the case to trial if necessary.

The Facts of Your Individual Case Are Examined by the Attorney

So it really depends on the facts of the individual person’s case. It does not matter if the person admitted to the officer to using marijuana, and that’s a big deal. The Shilgevorkyan case that came out from the Arizona Supreme Court, that person who was subject to that, Mr. Shilgevorkyan, admitted to smoking marijuana.

But when they tested his blood, all it showed was the inactive marijuana metabolite, and the Supreme Court still held that as not a DUI. So it doesn’t matter if you admitted to the officer that you smoked earlier. What matters is what the evidence would show whether there is active or inactive marijuana or its metabolites in a person’s system.

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

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

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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 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

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Phoenix, AZ 85004