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Why Does Law Enforcement Disregard the Shelter Rule?

Interviewer: Do officers typically find them while they’re asleep and wake them up?

If they’re going to get arrested or charged for DUI, what is the process? 

Brian: Unfortunately, people are getting arrested and in a way, they’re getting hassled for doing the right thing.  Usually an officer will come upon a vehicle sitting by itself in a parking lot or a vehicle parked on the side of the road.  Sometimes they will be in restaurant parking lots.

I’m dealing with a case right now where I was able to get video footage of about two and a half hours where my client sat in his vehicle for those two and a half hours and did not move.  Unfortunately, he had to go through arrest.

He is currently being charged and they’re alleging that he was driving under the influence, but we have video evidence of him sitting in a parking lot for two and a half hours.  This is a person who relinquished control and was not planning on driving.  He did the right thing, but he’s still becoming a victim of the system.

Sometimes, It Is Not Readily Apparent that a Driver Has Relinquished Driving to Allow the Effects of Alcohol to Dissipate

There are some Shelter Rule defenses that are very clear-cut, such as my client who sat in the parking lot for two and a half hours.  There are others that are not as clear-cut, such as people who are not properly parked in parking spots.

Someone who is passed out in the middle of the roadway is not going to be able to take advantage of the Shelter Rule.  On occasion, what I will see is that officers will go up to a vehicle and tap on a window and all of a sudden, a person wakes up and they start to put the car into drive and they start driving away.

These are not good Shelter Rule defenses because while an officer may be having a suspicion that someone is possibly sleeping in their car after drinking, officers also have a community caretaking function to check up on people to make sure that they’re OK.  They have to make sure that they’re not sitting there dead or they’re not passed out in a coma.

Unfortunately, a lot of times this community caretaking function evolved into a DUI investigation once they do find that a person is drunk. The officers, for whatever reason, do not seem to be giving people the benefit of the doubt or giving them credit for doing the right thing.

By Brian Douglas Sloan

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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

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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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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