brian sloan profile picture

It Is Important Not To Delay Consulting With An Attorney About Overturning a Past Drug-Related DUI Conviction

Interviewer: What advice can offer to individuals wondering if a past conviction can be overturned?

There Is Always the Possibility That the Arizona Legislature Will Undo This Recent Ruling on Overturning Past Convictions

Brian Sloan: I think the biggest thing is don’t delay. This is an opportunity that has shown itself now. It is an opportunity that may be fleeting. The legislature can undo all of this. It is something that needs to be done as soon as possible, regardless of how old the conviction is.

Get in touch with an attorney now, even if someone doesn’t necessarily have the funds now. At least take the step to find out if the person is a candidate to have this potentially overturned. If the person is a good candidate, I would think that they would be able to find friends and family members or dig deep to find the money to get these cases overturned.

Contact an Attorney Even If You Think You Lack the Funds to Proceed

It’s literally a good gamble. If someone’s paying me $500 in order to get back 1600-plus dollars, they’re going to end up making money on that. I may be able to tell them, while on the phone, whether this whole situation will work for them. So the biggest bit of advice is, “Don’t wait.” If someone can gather up their old police reports or, more importantly, gather up their old plea agreement and give us a call.

Interviewer: As far as appellate lawyers, would you have any that you can refer to someone if that was the case, or could you help someone find someone that you recommend?

Brian Sloan: I could. I do have my associates on the Arizona appeals team. This is an issue that they can handle if necessary.

Interviewer: If the legislature does undo this, but it has already been dismissed, could a prosecutor reopen it again?

Brian Sloan: No, the case cannot be retried.

It Is Advisable to Contact an Attorney If a Past Drug-Related DUI Was Attributed to a Drug Other Than Marijuana

Interviewer: You did mention drugs and medications. Are there any other possible drugs or medications that this may pertain to?

The Presence of the Inactive Metabolite of Any Drug May Be the Key to Overturning Other Drug-Related DUI Convictions

Brian Sloan: This can really apply to any inactive metabolite found in a person’s system from any form of drug or medication, as long as it is inactive. The case that came out of the Arizona Supreme Court was specifically about marijuana. Usually when we see cases that are dealing with inactive metabolites in a person’s system, we are dealing with marijuana. The Carboxy-THC, which is the inactive metabolite of the metabolite of marijuana, tends to remain in the person’s system for about 30 days.

Different types of drugs and medications have different amounts of time that the metabolites linger. The metabolites may be active or inactive. It is possible to overturn a conviction that was based on inactive medication metabolites, or inactive other drug metabolites. It might require that a scientist review the case and that could cost additional funds to determine whether this type of Arizona Supreme Court ruling would apply to someone.

If the Presence of an Impairing Substance Is Shown to Be Inactive—That Evidence Should Lead to the Overturning of a Conviction

I know of at least one case that my associate on the Arizona DUI team is handling, where the person is dealing with a metabolite of their prescription medication that the prosecutor intends on going forward with. It becomes a matter of “Is that metabolite active or inactive?” If it is inactive, then that should not be a conviction; that should lead to the case being dismissed.

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