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Illegal Drug-Related DUIs

Interviewer: In terms of illegal drugs which is the most common ones that end up resulting in DUI charges?

Arizona Has Passed Medical Marijuana Laws

Brian: The most common illegal drug that we are seeing with DUIs is marijuana. This is probably because it does seem to be the most recreationally used drug. Also, it is because Arizona has passed medical marijuana laws.

There is a problem with the medical marijuana laws that I mentioned before is that it is a defense to have prescription medication that you are taking as prescribed. That is a defense to a count two DUI.

It is not a defense to count one impaired, but it is a defense account to having the drug metabolite present in your system.

Marijuana Usage Is Illegal at the Federal Level         

A problem comes into play because of the way the law was written about medical marijuana. Medical marijuana is not prescribed. The reason it is not prescribed is because a doctor cannot prescribe something that is technically illegal.

At the federal level marijuana is still illegal. Even if we are talking medical marijuana, which has been approved in the state of Arizona, it is not prescribed to people. It is “recommended” to people.

The Marijuana Laws Have Limits: Marijuana Cannot Be Legally Prescribed By a Doctor

Since medical marijuana is recommended to people, technically–and there is a lot of arguments about this–technically there is no defense to driving with marijuana in your system because it’s not prescribed.

Interviewer: Don’t you need a doctor to prescribe it to you?

Brian: You do need a doctor but they are not prescribing it because they cannot prescribe an illegal substance. A doctor cannot prescribe cocaine, they cannot prescribe heroine, and legally they cannot prescribe marijuana.

This is even more clouded, especially when we are talking about Arizona, when you have certain states around us–I believe Colorado has recently passed laws–that says you can smoke marijuana. If I remember correctly, it is completely legal to smoke marijuana for personal use.

Interviewer: It is now both Washington State and Colorado.

Brian: People might visit Washington and they might visit Colorado, they might do what is completely legal in those states and come home to Arizona or come visit Arizona and face a different scenario.

Marijuana Metabolites Are Present in Your System for Some Time

The problem with marijuana is that the metabolites of marijuana can stay in a person’s system of up to about a month.

A person cannot leave their metabolites at the border. If they did something that is perfectly legal in Colorado or perfectly legal in Washington they can’t drop off their metabolites at the border. They are going to bring their metabolites just like they bring everything else inside of them when they come into Arizona.

The problem is that if someone is pulled over for whatever reason and the officer notices bloodshot, watery eyes, it is maybe because they are tired. If he or she notices the smell of marijuana, maybe it is because they are wearing an old shirt or someone else smoked marijuana in the car.

If the person ends up getting arrested for suspicion of DUI and they end up taking the person’s blood or the person’s urine, very likely they will find the metabolite of marijuana in their 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

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Top One Percent in the Nation

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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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