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Does A DUI Mean The Person Cannot Drink Anymore?

Alcohol is legal for people over the age of 21. It would be perfectly fine if someone wanted to go out and have a good time, and there would technically be nothing wrong if they wanted to drink themselves silly, provided they did not get anywhere near a vehicle.

A lot of people are alcoholics and there is nothing illegal about being an alcoholic, but problems arise when alcohol is combined with a motor vehicle. In Arizona, we have a bus system, taxicabs, lifts, and designated drivers, so there are a lot of different options out there other than drinking too much and then driving a vehicle. It is a recipe for huge problems any time illegal drugs are combined with a motor vehicle.

Under Arizona law, the prosecutor would only need to prove that someone had an illegal drug in their system while driving for it to be a DUI conviction. It would lead to a 1-year license revocation with no possibility of getting a restricted license or a temporary license if someone got a DUI conviction for illegal drugs or even medications.

People can do what is legal and technically they can also do what is illegal, but when combined with a vehicle, they are putting a target on their back and asking for problems.

Should Someone Refrain From Alcohol Or Drug Related Activity That Might Get Them Arrested Again?

Yes, because unfortunately it happens. People get arrested for a DUI, and they turn to alcohol, medication, or drugs when they stress out about the situation. Things get a lot worse when someone has a pending case and then gets another case.

In terms of felony cases, if someone was released on their own recognizance or released onto pretrial services while having a case pending in the system, but then got arrested for a new offense, it could lead to their release conditions being revoked and then being taken into custody and being held non-bondable. If the new offense was a felony offense,

It would require the person get an additional 2 years in prison above and beyond whatever sentence they would otherwise get if they went to trial and if they were convicted.

Someone who has been charged with an alcohol or drug related offense in the first place would need to realize there was an issue. Some people just make mistakes and do not realize they consumed a bit too much alcohol, while others obviously consume mass quantities of alcohol or drugs to get to the place where they have to face charges in court.

A lot of times when people meet with me for a free consultation, I let them know that they need to get themselves into counseling, because they are looking at future problems if they have the potential of this happening again. In Arizona and probably most states, things get progressively worse the more charges the person has, with respect to more time, fines, and fees that they would potentially be looking at.

It’s important not to put things on a backburner and to go see an attorney as soon as possible after the arrest and then to follow the advice of the attorney.  Around 70 percent of the time I tell clients that they need to take the initiative and get themselves into counseling so as to prevent this ever happening again, and because it just looks good. It shows the prosecutor and the judge that the person is serious and it might show an employer that the person was serious about this issue and was ensuring that it never happened again.

Some people are close to the legal limit because they just made a mistake and there is not necessarily a concern that they had an issue with alcohol or drugs, but that is why it would be important to talk to an attorney to find out what they would recommend for that client or potential client to do.

Should Someone Expect A Tough Battle If It Involved Prescription Medications?

Absolutely. Prescription medications are one of the more complicated aspects of DUI.  People take prescription medications because of a doctor’s recommendation or because they are trying to assist in some sort of ailment, yet people can still find themselves charged with DUI simply for taking prescription medications and in some cases, taking the same prescription medications that they have been taking for years and that they have been driving on for years.

Unfortunately, in Arizona, prescription medications are treated the same as illegal drugs. It would be treated like a DUI if the influence of the prescription medication had impaired the person to the slightest degree while driving.

There is a stronger likelihood that if there was only prescription medication in a person’s system and they decided to go to trial, they would end up being acquitted by a jury. It would be very likely that a lot of those jurors take prescription medications and drive on those medications, so it would be easy for a jury to relate to the person who was charged with the DUI simply for taking their prescribed medication.

It is a lot easier for people to understand why the state is trying to punish them if they made a mistake by drinking too much alcohol and then driving, but it is very difficult for people who are simply taking their prescription medications and driving to wrap their head around the idea of the state attempting to punish them for doing what their doctor told them to do and what they need to do medically in order to live pain free, sleep or deal with some other type of medical issues they might be dealing with.

Prescription medications are more complicated than alcohol and these cases are probably more likely to go to trial. This is not something people should handle on their own, especially because the medications are treated the same as illegal drugs and a medication DUI would lead to a 1-year license revocation without any ability to get a restricted license. Prescription medication DUIs are literally treated harsher than alcohol DUIs and people need to know the pitfalls and what can happen when dealing with prescription medication DUIs.

Should Someone Attend Any Functions, Information Sessions, Or Classes Recommended By The Attorney?

A person should definitely listen to their attorney if they recommend that the client take some alcohol or substance abuse classes. The attorney does not get anything from recommending these classes, so clients need to listen to the advice of the attorney. They are trying to look out for the best interest of the client. Ignoring the attorney does not really help anyone and it does not really help out the case.

When I advise my clients to do something, it is because I really want them to do it because I think it could help their case, and I would not advise them to do something simply to waste their time.

For more information on Helping your DUI Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

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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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