brian sloan profile picture

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

city view

Call me today for an
‘In Depth’ Free Consultation

brian sloan profile picture
Brian Douglas Sloan


aerial view of arizona
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.

dui attorney brian sloan headshot

Brian Douglas Sloan

DUI Attorney

Free Initial

small mail icon
Email address:
small location icon
2 N. Central Ave Suite 1929
Phoenix, AZ 85004
triangle pattern