How Will Overturning a Drug-Related DUI Charge Affect a Driving Record?

Interviewer: If the case gets overturned, what possible effect might it have on the DMV hearings?

Brian Sloan: The Motor Vehicle Division hearing, if there is going to be a hearing, is basically going to be on the aspect of whether the driver was suspected of being suspected of being DUI at the time they were being arrested. That is different from the one-year license revocation that they would receive for being convicted of the DUI.

If Your Case has Been Overturned, Your Attorney Will Work to Immediately Reinstate Your License

What we are attempting to do, and it sounds like we will be successful, is overturning that revocation and giving the person their driver’s license back immediately, without having to go through a revocation packet and without having to jump through the hoops that would normally come with attempting to get their license back.

Interviewer: What about points on a driver’s license from the original conviction. Do you think any of those points would be given back or taken away?

The Eight Points Added to Your Driving Record from a DUI Conviction Should Be Voided

Brian Sloan: Yeah. The eight points that would normally come with a DUI conviction on someone’s Motor Vehicle Division record should be voided out so that the person no longer has those eight points associated with their Motor Vehicle Division record.

Will the Age of a Drug-Related DUI Case Be a Factor?

Interviewer: How recent does a case have to be? If my case occurred over five years ago, is that going to be considered too far back to overturn?

There Is Currently No Time Limit on Whether or Not a Case Can Be Overturned

Brian Sloan: Technically, at this point, there is no limit. I think that, as time goes on, there is an argument that it becomes too late because of the timeliness of filing the motion. There isn’t necessarily a case that is too old. We can go back 20 years, if we need to go back 20 years, to a conviction; but, as time goes on, at some point it’s going to be not timely to refile the request to overturn a conviction.

You Do Not Have to Complete Any Probation Requirements before Applying to Have Your Case Overturned

Interviewer: What if I’m on currently still on some form of probation. Let’s say I still have an ignition interlock device and I’ve been on this for about a year. Would I have to complete my probation before I try to see about getting it overturned?

Brian Sloan: There is no requirement to complete anything. This is attempting to overturn, basically put someone in the position of Day 1 again, and hopefully have the entire case dismissed. There’s no requirement that the client completely pay off their fines and fees, or complete their license revocation, or complete their ignition interlock device, or get off of probation.

This is something that someone can do immediately and hopefully stop any form of probation, or ignition interlock device, or license revocation, or payment of fines and fees. It literally takes everything to a screeching halt and hopefully undoes everything that has already been paid into the system.

If a Drug-Related DUI Case Is Overturned, Will You Still Have a Criminal Record?

Interviewer: How would it look on my record if my case were overturned? Would it be erased, as if it didn’t exist?

The Current Conflict about Erasing a Charge Lies in the Fact That Arizona Does NOT Allow Expungement of Records

Brian Sloan: It really should be erased, but I think the problem is that the courts now have to deal with this issue and they really haven’t had to deal with something similar to this before. Arizona does not have expungement. Expungement is usually completely erasing someone’s record. Arizona courts don’t even know how to deal with this. It should be erased.

That was one of the conversations that I was having with the court today, because the court staff got in touch with me and said that my motion was granted, and that the conviction was set aside.

However, setting aside a conviction is something less than what I am requesting. I want it completely overturned, basically erase everything, and indicate that my client is completely innocent. What the court staff was indicating to me was that they were simply going to set it aside, which just means that the case is over, but there’s still indication of a conviction having taken place.

So there’s still some arguments. It just comes down to there’s this new territory that even the courts aren’t familiar with.

By Brian Douglas Sloan

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Brian Douglas Sloan


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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 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.

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 Phoenix 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.

Brian Douglas Sloan

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