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How Often Do People With Out-Of-State DUIs Get Arrested In Arizona?

Generally speaking, they are fairly rare, but because we are kind of a destination place, especially in the winter, we do tend to get a lot of people from colder locales like Illinois and Colorado and we tend to get a lot of people moving here from California, so it is absolutely possible. I’ve had three new DUI cases in the last month in which people have come in with out-of-state prior convictions.  It is not as simple as saying they have one there, so this is their second; it takes research and it knowing exactly what to look for; the interesting thing is, prosecutors seem to fight the defense lawyers on it.

The prosecutors don’t necessarily care that it doesn’t translate, even though that’s what the law says; all they know is, if someone has a prior conviction, they look at the facts and will sometimes ask the judge to only look at the facts, even though case law is perfectly clear and the judge cannot do that. In the last two cases I dealt with who had prior DUI convictions from another state, the prosecutor fought me on it and no matter how many times I explain the law and show them it’s crystal clear, they fight me.

They just say they believe that they can prove it when it’s crystal clear they can’t. I’m in the middle of a case right now in which I may be filing a motion asking that the prosecutor pay my client’s attorney’s fees because it is so crystal clear and I may be asking the court to order sanctions against the prosecutor for improperly fighting me on something that is so obvious.

What Are the Common Reasons for an Out-of-State DUI?

It’s the same reason anyone gets a DUI; they made a mistake and they either took responsibility for it or went to trial and were convicted. Different states have different laws, although right now being above a 0.08 blood alcohol content (BAC) is pretty universal. Most states have a DUI law based on having a BAC at or above a 0.08 tested within two hours of driving, although other aspects are not as clear; they’re not universal. What I am dealing with right now is a case in which the person was previously convicted of DUI in Illinois, which distinguishes someone who is under the influence of alcohol as compared to someone who is under the influence of alcohol and is impaired to the slightest degree. They make that distinction, while Arizona does not.

New Hampshire has attempted DUI, which Arizona is still trying to figure out; we have attempted DUI, but it’s a new idea out here; it’s something that I actually touched on at a seminar a couple of months back; I was trying to explain to defense attorneys that attempted DUI is an actual thing, something we should be fighting for if it helps our clients. People stopped thinking about attempted DUI decades ago because of a certain case that came out that seemed to give the indication that there was no such thing as an attempted misdemeanor DUI, but times have changed.

Now that the laws have changed, we have this ability to argue to the jury for attempted DUI if we feel it’s in our client’s best interest, but just because they technically have a prior DUI conviction from another state does not mean it translates to Arizona law.

If Someone Has a First Time Out-of-State DUI, Is it Better than Having One in their Own State?

Some states’ laws can be harsher. Realistically, if an Arizona resident is charged with DUI in another state, it’s unlikely they need an Arizona attorney.  I talked to someone last week who was very concerned with that exact situation; at some point the Arizona Motor Vehicle Division will probably find out they have been arrested and possibly convicted in another state and they will probably suspend the person’s license because of that, but Arizona won’t inflict any sort of punishment.

We won’t apply fines and fees, or require counseling or ignition interlock device; that person will have to follow the laws of the other state. If an Arizona resident goes to California and they are charged with and convicted of DUI, California law will prevail as far as jail time, fines and fees, counseling, ignition interlock device; they may have to do some of those things in Arizona, like install the ignition interlock device, do the counseling or do the jail time, but Arizona itself won’t punish them other than possibly suspending their license once they find out that there is a conviction from another state.

For more information on Frequency of Out-of-state DUIs, 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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