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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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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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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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