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The Prescription Drugs Ambien and Xanax Are Commonly Factors in Drug-Related DUI Cases

Interviewer: Of the prescription drugs, which ones are most commonly involved in DUI cases?

Brian: We see a lot of cases where Ambien is a factor and many also with Xanax.

Interviewer: What about oxycodone or hydrocodone?

Brian: Hydrocodone and oxycodone are less common. I think more cases are primarily attributed to Ambien. It is a very common prescription and now many people take Ambien. Ambien is a problematic medication because there have been quite a few reported incidents of people taking Ambien and sleep driving.

Sleep Driving: Ambien Usage Can Make You Unaware of What You Are Doing

I did use that as a defense once or twice. A person has to be aware of what they are doing and if they went to sleep, took their Ambien as prescribed, and the next thing they remember is they are out driving that certainly creates a problem.

A person cannot be punished for what is basically sleep driving. If they are not in their right mind, if they didn’t know they were doing it they cannot be responsible. I’ve had clients and know of clients of other attorneys where the people are literally out in their pajamas.

They do not remember how they were driving; they do not remember how they ended up there. I had a client some years ago that had taken Ambien and drove and crashed a car and walked down the street.

There were witnesses who said, “This person looked completely out of it. I don’t think they were awake. They did not realize what they were doing. They somehow walked to the door, they went inside, they grabbed a drink of water, and they just seemed completely out of it and all of the sudden they just snapped out of it.”

Ambien is a big problem and there are certain medications that the prosecutor ‘s expert witness will testify that any amount in a person’s system is too impairing to be behind the wheel of a vehicle.

What If You Are Charged With a DUI While Under the Influence of a Medication Prescribed to Someone Else?

Interviewer: I guess you’re putting yourself in a lot of danger if you take someone else’s prescription medication and you drive because then being prescribed under law does not protect you?

Brian: Correct. If you are taking someone else’s prescription medication it becomes an illegal drug.

Interviewer: Would that affect the charge because it is now considered an illegal drug?

Brian: Yes. It is on par with cocaine or marijuana. Unless the prescription is prescribed to you and you are taking it as prescribed, it is literally the same thing as taking meth, or cocaine, or marijuana, or any of the other commonly known illegal drugs.

Interviewer: If you take someone’s Vicodin or Percoset, even one pill and you are pulled over and they test your blood, you are in trouble.

Brian: Yes, absolutely.

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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