brian sloan profile picture

What Will Occur Following Your Performance on the Field Sobriety Tests?

Interviewer: What happens immediately after the field sobriety tests? Is the person usually arrested right after that?

Brian Sloan: Usually, it’s the cherry on top. The portable breath test is usually given at the end, after all the field sobriety tests are done. I imagine this is so the officer can say, “Well, the results proves impairment,” at least to the officer.

They can justify a failure on the field tests because this wasn’t just a balance issue, this wasn’t just someone with allergies but this does have to do with alcohol.

I think the reason is if they gave the portable breath test device at the beginning of the investigation, the person would find out the number or find out that they tested positive and, at that point, they would probably stop cooperating.

The officer wants the driver to perform the tests under the premise, “Show me that you’re not drunk. Show me that you’re fine to drive. Okay. Now that I’ve gotten all this evidence against you as to how you did on these field sobriety tests, now is to this cherry on top. Now let’s see what your blood alcohol content is. Okay. Now you’re under arrest.”

Interviewer: Will you see the readout on the preliminary breath test? Do they put that in the police report or they just put positive or not positive?

Brian Sloan: They do put the result in the police reports. They will put it in the admin per se implied consent, which is what they fill out to suspend someone’s license, under suspicion of DUI.

The Results of the Portable Breath Test Are Not Always Accurate

There’s no proof, though. The officer can write in there that the portable breath test showed a 0.123 blood-alcohol content, but there’s no picture taken, there’s nothing recorded on the device. The officer can basically make it up if he wanted to.

What I’ve been seeing more frequently, especially in the last couple of months, is how different the supposed portable breath test device result was from the actual blood test results. It used to be for years, that they were pretty close. Lately, they have been way off, both in being way too low and in being way too high or at least being way different from what the blood test results come back as.

Interviewer: Does that help you defend a person, to show that the device was not functioning properly?

Brian Sloan: It’s usually not a safe area to even try to bring in the portable breath test results. I swear I came across a case but I’ve been looking for it for years. I cannot seem to find it again. It said that defense counsel is allowed bring up a portable breath test result to show a difference between the actual blood test results and the portable breath test results.

The reason why the portable breath tests are not considered reliable is they do not go through the same monthly and quarterly testing procedures, to ensure its accuracy as a blood test or as an Intoxilyzer breath-testing device. Even if as defense counsel, I wanted to bring in the portable breath test, all the prosecutor has to comment on is that these are not considered reliable.

They do not go through the testing. It is just an estimate. It’s really only helpful for the officer to determine whether there was alcohol in his system or not.

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