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Counseling for Underage DUI, Expungements & Record Sealing

Interviewer: In a situation where someone has a DUI, they go through the counseling, and they do a good job, how long would it take for them to get that off their record? Can they get it off their record? Or sealed?

Brian Sloan: I think it’ll always be there. It can always be seen, if someone were to ever get in trouble subsequent to this incident. I think the only way that it’s really going to be used against a person is if they get that same charge of driving while under the age of 21 and alcohol in the system. Is it something that might be known to a prosecutor, if someone were to subsequently get charged with a DUI? That’s not really going to have much of an impact.

Interviewer: Do you think that there are some certain things that, during a trial, or judges that would appear that they may be a little more lenient here and there? Are there things that judges prefer to see typically in an under-21 case? Some certain standard or certain guidelines that they’d like? You mentioned counseling earlier. Diversion programs, something of that nature … Is that something that judges and juries like to see?

Brian Sloan: I think judges want to see the same thing from people under the age of 21 as they want to see from people over the age of 21. They want to see that people have taken responsibility for their actions that they have realized the issues in their lifestyle, and they’ve started counseling before the court ordered or an attorney suggested them to do it.

I think that prosecutors and judges do pay attention to when that counseling started. Did it start within a few days after the arrest, or did it start maybe a few weeks or a month after the arrest, which maybe gives the prosecutor and the judge the idea that it is probably at the attorney’s request that someone got into counseling.

Generally speaking, I think it’s always beneficial for somebody to get into counseling, whether it was their personal decision or a family decision, or whether an attorney advised them to get into counseling. There is no downfall in getting someone into counseling.

Breath and Blood Test Refusals

Interviewer: Let’s talk handling cases with chemical test refusals. Is it legal to refuse a Breathalyzer or Blood test?

Brian Sloan: There is no law. Technically a person can refuse a blood test. There are consequences for those actions. In Arizona, as with every other state, driving is a privilege, not a right. Under Arizona law, there is a presumption that a person will consent to a blood, breath, or urine test at the request of an officer.

If a person chooses not to do that, then that person’s license to drive is going to be automatically suspended for 1 year.  If someone does consent to the blood, breath, and/or urine test requested by the officer, that person may have their license suspended for 90 days for being suspected of DUI. The 90 days for being suspected of DUI is a lot better than 1 year for refusing.

If someone does refuse, an officer will likely write up a warrant and submit it to a judge. If the judge finds that there’s probable cause to believe that the person was operating a vehicle under the influence of alcohol, drugs, vapor-releasing substances, or combination thereof, then the judge can order that a warrant is issued. The person can then be forced to submit to a blood draw. Officers can use force, if necessary, to extract that blood. They’re still going to have to deal with that 1-year license suspension for refusing the blood test in the first place.

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

Free Initial

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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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