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What Is The Time Frame For Overturning a Past Drug-Related DUI Conviction?

Interviewer: What’s the potential time frame for overturning a conviction?

The Process May Take Several Months

Brian Sloan: This process falls under what is called Rule 32. When I file a petition under Rule 32, the prosecutor typically has a certain time frame in which they respond. Then once they respond, I’m allowed to reply to that, and the court can then set a hearing. So this tends to be a couple month process, and the clients may need to make a court appearance.

So far I’ve been able to handle everything just by way of motions, and my client has not needed to appear in court, although again we are dealing with a new issue that the courts aren’t really familiar with. I do have one client where the courts are saying, “Have your client show up to court.”

Basically the court has indicated that they are agreeing with me in my request to overturn, and the prosecutor is agreeing with me in my request to overturn, but the court wants my client to show up. I’m not exactly sure why, probably to find out what my client’s address is, or maybe to say, “Here’s your payment,” so that the court can directly provide payment over to my client as opposed to going through me.

What Information Can You Provide When Meeting with an Attorney to begin the Process of Overturning a Past Drug-Related DUI Charge?

Interviewer: When I meet with you, what information should I provide you with?

Brian Sloan: Basically just give me a call. If they believe they’ve only had the inactive metabolite in their system, they can give me a call. I can try and see what I can figure out on the computer. On my computer I should be able to tell what they pled guilty to, but not necessarily what was in their system at the time. It can give me a pretty good idea, if I can figure out what they pled guilty to, whether they have overcome the first hurdle, that they be convicted of ARS 28-1381A3.

Bring Copies of the Original Police Report and Plea Agreements, If You Have Them

After that, if they have the police report, that becomes very helpful. If they have a copy of the plea agreement, that becomes very helpful. Otherwise it may take some research on my part to go to the court and possibly to the police station to get a copy of the police report and find out exactly what was in the person’s system, and what it states in the police report, and what they pled guilty to.

If You Are Still Undergoing Penalties Associated with the Previous Conviction, You Must Continue to Do So While the New Case Is Pending

Interviewer: Are there any barriers that I might face along the way?

Brian Sloan: If the person is still going through their punishments, if they are still dealing with their license revocation, or license suspension, if they’re still on probation, if they’re still paying off their fines and fees, chances are they’re going to have to continue doing that until the case is resolved. This is something where it doesn’t require a lot of their involvement.

I can basically take care of everything. It shouldn’t lead to any unexpected hardships. Basically the person just wants to keep doing what they’re doing and hope that they fall into the specific category where we can possibly get the case overturned and declare them innocent, so that they can move forward with their life DUI-free.

It Is Important to Inform the Attorney If You Have Any Subsequent Convictions

Interviewer: Is there any additional information I should let my attorney know in regards to the details of my conviction that might expedite the process?

Brian Sloan: The only thing that I can think of is if there have been any subsequent convictions. We definitely don’t want to put our client in a more detrimental position. I can imagine that, if someone had subsequent DUI convictions, we could possibly end up putting someone in a serious position by getting the case overturned.

I’ll use the example of a case of a driver that had two subsequent DUI convictions. It’s as if they are there on Day 1; but, because they have two subsequent DUIs at that point, they could end up being charged with a felony. So that’s the only instance that I can really think of where you need to be a little cautious. There’s a little more information that I would need as an attorney in order to ensure that the client doesn’t put themselves in a more serious position.

Because the Process Is New to Arizona Courts and Arizona’s Department of Motor Vehicles, It Is Unspecified How Long It Will Take to Enact Changes That Accompany a Case Being Overturned

Interviewer: Let’s say I’ve had my case successfully overturned. How long is it going to take for these changes to be made in the case because I’m actually looking for employment right now?

Brian Sloan: It may take a while. We don’t know, because this is new territory. I don’t know how long it’s going to take the court to refund my client. I don’t know how long it’s going to take the Motor Vehicle Division to erase the indication in the Motor Vehicle Division record. We really don’t know. We’re in new territory.

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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