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What Are Some Misconceptions People Have About Out-of-State DUIs?

Often, people feel that a DUI in their home state will always count as a prior DUI here in the state of Arizona, but realistically, we don’t care what the law is called; different states can call their DUI laws whatever they want. We care that the specific statute and subsection they were convicted under correlates to Arizona DUI law in this particular circumstance? For instance, in New Hampshire, what they call DUI also includes boating DUI and we have no boating equivalent in our DUI laws; we have OUI, or operating under the influence, but an OUI conviction in Arizona is not a “prior DUI conviction” for enhancement purposes to make a subsequent offense a second-time offense, so it the New Hampshire conviction won’t enhance here.

Do People Generally Underestimate the Severity of an Out-of-state DUI Charge?

It depends on the law; everyone with a prior DUI who went through the system once and is now facing another charge is concerned about whether it’s a misdemeanor or a felony, about how much jail time they face and they are concerned about their license. We don’t look at the facts of the prior out-of-state conviction, we look at the law and so, when you have the right attorney who knows what they are doing, it can really make all the difference and turn a second-time offense into a first-time offense. In a recent case in which the prosecutor would not listen to reason, I kept explaining why they could not use my client’s prior New Hampshire DUI conviction against them, I gave them four different examples why, but they disagreed with me.

We ended up fighting the case and what started out as a plea agreement to a second-time offense and 120 days in jail, when I was able to lay everything out for the judge, they agreed with me that the prior DUI in New Hampshire could not be used against my client, which means the 120 days suddenly turned into two days in jail. I was able to get my client a substantial deviation from what originally the prosecutor wanted to. Knowing what you’re doing in that case made all the difference; most attorneys would have just noted that the client had a prior out of New Hampshire and the prosecutor wants to use it again, so we’re dealing with a second-time offense, which means that client may have spent four months in jail, if not more.

Can An Out-of-state DUI Cause a Bad Domino Effect in Someone’s Life?

Any DUI has an impact on people’s lives, although most people can overcome the first one and the second one, if it is charged as a misdemeanor. The point of DUI convictions and the reason why they tend to be so harsh is because society wants to teach that person a lesson. It is a lot cheaper to just get a cab and many places now have Uber. It will be a lot cheaper to find a way home other than driving drunk or impaired by any type of drugs or medications or alcohol.

It’s a huge punishment and it’s intended for people to learn their lesson. Some people don’t ever learn their lesson; I was in court when a guy was facing his ninth conviction for DUI, at which point, it was a felony, aggravated DUI charge and the judge sentenced him to 30 years in prison, even though the only problem he ever had was with drinking and driving; he never got into an accident or hurt someone, he just refused to learn his lesson so, at about 50 years old, he received a 30-year prison sentence, just because he just would not stop drinking and getting behind the wheel. That’s an extreme example, but obviously, it’s possible to completely ruin your life even if you physically hurt no one other than yourself.

Anyone who gets behind the wheel of a vehicle who is impaired is putting other people in danger and we see that too often; in the news, we hear about people who are killed by drunk drivers. Two weeks ago, there was a story in the news of a 14-year old who was driving drunk and got into an accident, severely injuring three occupants; I don’t recall if one of them was killed. This is a 14-year old who isn’t even allowed to drive, yet they’re driving drunk and got into an accident and severely injured, if not killed, people.

There are reasons why DUI charges are so harsh.  It’s meant to teach people a lesson, not ruin their lives, but as people keep doing it, it’s meant to be harsher and more severe, If people won’t learn their lesson, they will literally spend more than half their lifetime in prison.

For more information on Misconceptions About 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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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

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“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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