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Medical Marijuana and DUIs

Interviewer: How is medical marijuana treated when it comes to DUIs?

Medical Marijuana Is Viewed as Is Any Other Illegal Drug

Brian: I think the standing of the law right now, medical marijuana, despite having been passed by the citizens of Arizona and the proposition, is still treated on par with driving under the influence of an illegal substance.  It is still treated on par with cocaine or any other type of drug.

Unfortunately, it’s due to in some ways the improper wording of the propositions.  If taken in as a whole it should be treated the same as any other medication. But marijuana being a controlled substance, marijuana technically still being illegal at the federal level, it’s difficult to find where example medical marijuana falls as far as impairment goes.  And as far as DUI prosecutions go.

Who Can Access Your Medical Records Once You Are Charged with a Drug-Related DUI?

Interviewer: Once someone has been charged with medical DUI, who has access to that person’s medical records?

Brian: In Arizona, I believe when someone is gets a medical marijuana license I’ll call it, they are required to have it on them at all times.  Usually they are able to provide their documentation that they: have been recommended the medical marijuana and that they are able to use it and on occasion, they are able to cultivate it themselves.

Most DUI Misdemeanors Do Not Require Subsequent Drug Tests

Interviewer: When someone’s put on probation and it’s due to a medical DUI, are there any specific drug tests that that person has to undergo or will they have to stop taking that medication?

Brian: Most people who are dealing with DUIs as misdemeanors are not going to be put on any form of probation that requires them to do any sort of drug or alcohol testing.  When we’re dealing with misdemeanor DUIs, the courts are either not going to impose probation at all or they are not going to have any sort of alcohol or drug testing as a condition of the probation. The probation is basically “be good and pay off your fines and fees and do your counseling and go to jail.”

Felony Convictions Usually Includes Drug or Alcohol Monitoring as a Condition of Probation

When we’re talking about felonies, when someone is placed on probation, usually it is going to be either unsupervised probation with compliance monitoring or supervised probation.  The supervised probation will usually include some sort of alcohol or drug monitoring.

Usually the way the probation works is any type of medications that you are lawfully prescribed and from what I hear, even medical marijuana, will be allowed to be used and utilized while on probation without punishment for a possible probation violation.

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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