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Underage DUI For Drugs vs. Alcohol

Interviewer: As far as drugs, or legal medications, like prescription medications, are concerned. Is the process the same as with alcohol?

Brian Sloan: The under-21 with medications or with drugs is pretty much treated the same as under-21 with alcohol. If there’s some type of impairment substance that a person under the age of 21 is not supposed to have in their system, then it’s illegal.

Interviewer: What are some things that would help a case or improve the chances of success when someone is under-21?

Brian Sloan: I think if they talk with their family, and make a family decision to get them into counseling, either inpatient or outpatient. I think that will help them personally, with their family, and in dealing with the charges. I think they need to stay involved in the case. There’s a tendency where the children just let the parents take charge and let the parents make the decision for them.

They need to understand that their actions put them in this position. They need to make a decision on whether they want to continue to fight the case or if they want to take a plea agreement, and then what type of plea agreement they want to take. They need to make the choice on whether they to go to trial, or if they want to have certain motions argued on their behalf. In other words, there needs to be involvement. Otherwise, there’s a concern that the issue is not going to be resolved.

The point of us having these laws, of driving under the age of 21 with alcohol on the body and DUI, is to teach people that it’s not appropriate. Hopefully they learn their lesson, and move forward in life to become productive members of society. It isn’t meant to destroy people’s lives, although sometimes it does. It is meant to change people’s bad decisions.

Interviewer: For the 21 and under, could they be subjected to the use of the ignition interlock device?

Brian Sloan: They could be, especially if the judge orders that they be allowed to drive to and from work and school on a restricted driving permit. It would be an ignition interlock device restricted driving permit.

Interviewer: What about insurance? How does that affect their insurance? If they have very basic insurance, how does that affect it if they’re under the age of 21?

Brian Sloan: It’s completely up to the insurance company if they want to raise their premiums and raise their rates. It’s nothing here I can answer specifically. Generally, if it is determined or discovered that someone had a conviction for being under the age of 21 and driving with alcohol in the system or a DUI, chances are insurance rates are going to go up.

MVD Hearings for Underage DUI

Interviewer: For the 21 and under, the DMV hearing, how would that play out?

Brian Sloan: It depends. I don’t believe that there’s any ramifications for being under the age of 21 with alcohol in the body or drugs in the body as far as having one’s license suspended for being suspected of DUI, or for being under the age of 21 with alcohol in the body while driving. If someone simply has alcohol in the body, but it is not above a .08, and the person is not charged with regular DUI under Title 28, then I do not believe they’re going to have to deal with the Motor Vehicle Division suspension for being suspected of being under the age of 21 and driving with alcohol in the system.

If the person is under the age of 21 and happens to have a blood alcohol level above a .08, or has drugs or prescription medications in their system then, just as with an adult, they are going to have to deal with the Motor Vehicle Division consequences for being suspected of DUI.

Interviewer: Let me give you a scenario. Let’s say I was 19 years old, and I came back from a party. I’m driving with a friend, and we’ve both obviously had a little something to drink. We were stopped, maybe, for an incomplete stop, or something like that. We refused the field sobriety test, but we took the Breathalyzer test that showed that we were above a .08. How do you think, at that point, my case would play out?

Brian Sloan: It’s basically going to play out the same way that a regular DUI is going to play out. There’ll be a court appearance in one of the regular courts, the justice courts or the city courts, as long as it’s a misdemeanor charge. It’d play out in the felony courts if it was a felony charge. The only thing different would be an additional charge of driving under the age of 21 with alcohol in the body.

There would have to be a determination between the prosecutor, the defense attorney, and the client as to what might be in the client’s best interest. They would decide if the determination should a DUI, a plea agreement, a DUI plea agreement, or if this would be better suited as an under the age of 21 while driving and alcohol in the system plea agreement.

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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