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Motion to Suppress: Filing Motions as a Defense Strategy

Interviewer: How often do you find yourself filing a motion to suppress as a defense strategy? What does that mean? What do you try to get suppressed, and why?

Brian Sloan: A motion to suppress is something I file when it’s appropriate to the case. I’m not one of those attorneys that just files motions for the sake of doing it, just to show my clients that I’m doing something.

Attorneys File Motions to Suppress to Legally Exclude Evidence That Could Be Used against Their Clients at the Trial

A motion to suppress is basically saying that there’s some legal justification to exclude a certain type of evidence from being presented at trial. In DUI cases, usually, the attorneys are attempting to suppress blood test results or breath test results, or basically trying to suppress everything that happened after the stop.

If someone was pulled over for an unjust or illegal reason, it is possible to get all evidence suppressed as fruit of the poisonous tree which is fruit of an illegal stop. That’s a pretty motion to suppress. Basically, all they can say is, “Okay, the person was driving, and then that’s all.” The only evidence they have is everything else gets suppressed.

Having Evidence Crucial to the Prosecution Suppressed May Result in a Reduced Charge Such as Being Impaired to the Slightest Degree

Attorneys will also trying to get the blood test or breath test or urine test suppressed because they’re not scientifically reliable. Or there is a procedure that was incorrect in the way the blood was drawn or the blood was tested or the breath test was done. That tends to result in usually count two, three, and/or four of DUI being dismissed; but, technically, even if I was able to get the blood, breath or urine test suppressed, the prosecutor can still go for as Count 1.

The DA can still go for how the person did on the field sobriety test, and what the person admitted to. There are outward signs of impairments. The blood, breath, or urine is not necessarily the definitive factor. Getting that suppressed doesn’t mean the case goes away. It makes the case a lot easier because they can’t bring in blood test results or breath test results or urine test results. The prosecutor may still have enough evidence to go to trial, and try to prove that you were driving under the influence and that you were impaired to the slightest degree.

By Brian Douglas Sloan

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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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