brian sloan profile picture

An Example of DUI Cases Involving Unnecessary Police Force

Interviewer: Have any of your clients been tasered?

Brian Sloan: Yes. I’ve had a few of them. I’m actually representing one client now who supposedly was tasered twice and pepper sprayed, and he was simply charged with DUI. They charged him with resisting arrest, which was quite odd because, in my opinion, it’s impossible to charge him with resisting arrest.

This is because even the police officer says that they were investigating a DUI, and if you’re investigating a DUI that means that the person could not have been under arrest for a DUI, and if they were not going to be under arrest for a DUI, how could they be resisting the arrest for the DUI? It’s impossible to be arrested for something that they’re still investigating.

I did have one client who was arrested for DUI and this case occurred years ago. He just kept insisting to talk to an attorney, and he was getting pretty angry about it, and there was a female sergeant that for some reason got into a tussle with him because he insisted on talking to an attorney. And the female sergeant pulled out a taser and tasered him in the scrotum. For whatever reason, he did not want to sue and the female sergeant, to give her credit, did admit to it. She didn’t try to hide it.

There are certain models of tasers that officer’s carry. I don’t think it’s necessarily the same model per police agency, but the tasers can be deployed from a distance. That is when they are not using the stun gun, but actually used as a taser with the probes being shot out. There’s supposed to be little pieces of paper that fly out to indicate that the taser has been deployed.

There are other models of taser that once the safety is taken off, I believe it is, video camera starts recording. I’ve yet to ever get any sort of taser video. I’ve never seen any of these little pieces of paper, but I have had the clients that do get tasered.

Juries Tend to Not Sympathize With Defendants Who Were Tasered By Police

It’s more of a civil issue. I’m not a civil attorney. It usually does not come up in a criminal case because if someone got tasered, that tends to look bad on the someone that was tasered, not necessarily look bad on the officer. Juries tend to believe that if a person got tasered it’s because they did something really bad and that the officer was warranted in tasering them. That does is not a good reflection on our client, so we keep it out of trial.

Different Cities in Arizona Interpret DUI Law in Different Ways

Different cities will interpret DUI laws differently. In Phoenix there’s absolutely no chance of getting a reckless driving. There is a law that says that a prosecutor cannot dismiss a DUI unless it is factually insufficient. Prosecutors in Phoenix will never offer a reckless driving in exchange for dismissing DUI charges.

It Is Beneficial to Retain an Attorney Well-Versed in How Different Courts Treat DUI Cases

It is possible to get a reckless driving from a DUI case in Mesa, Scottsdale, and Tempe under the right circumstances and with the right DUI attorney. They don’t read the law the same way. I don’t know why certain prosecutorial agencies read the laws differently. It is possible to get benefits in certain courts that you can’t get in other courts.

For example, all the justice courts do not have home detention or continuous alcohol monitoring. All the city courts, or municipal courts as they’re also known, do have home detention. Phoenix has continuous alcohol monitoring, which I find very beneficial for my clients, but not everyone realizes that. Not everyone knows that. That’s where experience comes into play.

You need to know what court you’re in. You need to know the benefits and the downfall of the different courts. There are only really two courts that I’m aware of where it’s possible to get credit for the time that you spent with the officers towards a day in jail.

There are only three courts that I’m aware of where you’re able to get an extreme reduction on jail time with home detention as well as having an ignition Interlock device installed in your car. You really need to know what hoops you need to jump through and what the rules are in that specific courtroom. That, again, is where experience comes into play.

Interviewer: Does it matter who pulls you over and investigates you? Is it different if a sheriff’s deputy does it versus highway patrol versus city police or any other kinds of police?

Brian Sloan: Not really. Certain agencies, such as the ASU Police Department and Glendale Police Department have video cameras, so I would much rather be pulled over by, if I was going to be pulled over, by one of those agencies. Many of the different police agencies have agreements so that they can cross into other cities.

But for all intents and purposes, there’s not much of a difference in the agency that stops you, except that if it was a Tempe police officer, in which case you are very likely going to have a breath test. Which personally, I’m sure people would much prefer over a blood test, but there’s no opportunity to retest a breath test. All the other city police officers will very likely do a blood test, which is much more uncomfortable when it’s done, but it at least preserves evidence that can be retested if necessary.

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