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How Would A Prior Out-Of-State DUI Adhere To Local Laws?

The best thing is always to avoid getting a DUI charge here. Different states have different rules; for example, in Arizona, we don’t allow expungement of a DUI conviction, but we do allow a conviction to be set aside. If someone is concerned about having a prior DUI conviction and will be moving to Arizona, they should talk to the attorney who represented them on the DUI case from the other state and see if it can be expunged or set aside.

If they are in Arizona and they get a DUI here, everyone follows Arizona law.  If they have a prior DUI conviction from another state, we will look at that to see if that coincides with Arizona law and can be used as a prior DUI conviction against them.  I have yet to see a situation in which someone had a prior DUI conviction from a different state that was expunged, but the prosecutors here in Arizona will try to use it nonetheless for a prior DUI conviction.

I have that situation, and it’s a fairly common situation, where someone is in California, they plead guilty to what they refer to as a “wet reckless,” which is a reckless driving that included alcohol. Now, the plea agreement for a wet reckless specifically says it’s a reckless driving conviction, but if you receive another DUI, it will count as a prior DUI conviction. However, if someone is convicted of a wet reckless in California and gets a DUI in Arizona, it doesn’t matter what’s in that plea agreement; Arizona doesn’t care whether a wet reckless can be used as a prior DUI conviction if they get a subsequent one; Arizona cares about Arizona law.

Arizona law has very specific requirements concerning prior DUI convictions, so this just happened a couple of weeks back where my client had one of these wet reckless convictions out of California, they alerted me that they planned to it as a prior DUI conviction in Arizona and they showed me the plea agreement, but I explained to the prosecutor that they cannot use a prior reckless driving as a prior DUI conviction.  I don’t care what the term in the plea agreement was for California and, ultimately, the prosecutor agreed that they could not use it regardless; it said, “reckless driving,” and reckless driving is not a prior DUI conviction in Arizona.

I wonder if another attorney had handled that case would even have realized that that was an issue or would they have just gone along with the prosecutor at that point, which would have meant dealing with a second-time offense. That’s why it’s so important to do your research on the attorneys and find one who really knows what they are doing.

What Happens If Someone Driving A Non-Commercial Company Car Gets An Out-of-state DUI?

If someone was arrested driving a non-commercial company vehicle, depending on their portable breath test results or breath test result was when they were arrested, the company vehicle may end up being impounded for 30 days, although if it is impounded, the company can pick it up early by signing an agreement saying that the person who was operating the vehicle will not do so for a year and that they won’t allow anyone who has been charged with or convicted of a DUI operate that vehicle for one year.

However, if the person is convicted of a DUI, there will usually be a requirement that an ignition interlock device be installed on any vehicle they operate.  Most companies won’t be okay with installing an ignition interlock device on a company vehicle, so some people are out of luck and will lose their job, meaning they will either have to find a new job or a new position in the company.  In every case, a person \ convicted of a DUI has to have an ignition interlock device; the only exception is someone who has been convicted of a drug DUI.

If the attorney knows what they are doing, they can prevent them from having to have an ignition interlock device on any vehicle they operate, although the downside is, by dealing with the case as a drug or medication DUI, the person will have to have their license revoked for one year with no ability to get any sort of restricted license.

For more information on Out-of-state DUI and Local Laws, 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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