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What Would Be Alternate Sentencing To Avoid An Interlock Device?

It is negotiating a DUI down to reckless driving, possibly negotiating a DUI down to attempted DUI, possibly negotiating a DUI down to endangerment or getting the case dismissed. There is also the possibility of preventing the ignition interlock device by dealing with the case as a DUI drug or DUI medication case, but the downfall those two types of convictions is that you would end up having a one-year license revocation with no ability to get any sort of restricted license.

What Is An Attempted DUI? 

It is something that I taught at the last seminar that happened about a year ago. Other states make it clear that there is attempted DUI. Arizona, in my mind, has made it clear that it is an applicable type of charge. You really need to have the right facts in order to get that as an option for the jury. Allowing the jury to consider it as a lesser included offense is basically taking some steps towards driving under the influence without actually completing the driving or being in actual physical control of the vehicle while under the influence of alcohol or having alcohol above the prescribed limits, drugs or medications that are illegally present in your system. It is kind of a new concept. It is something that was, for the most part, in some ways upheld by the Arizona Court of Appeals about twenty years ago.

In some ways, it was given the impression that it would not be appropriate in misdemeanors but the reason why it may not have been appropriate for misdemeanor DUIs back twenty years ago no longer applies today. So that is why it is applicable today to be able to deal with DUI cases as attempted DUI cases if the facts are appropriate. Technically, if we are able to deal with the case as an attempted DUI, it would be a Class 2 misdemeanor. There is no minimum jail requirements although you are facing anywhere from zero days in jail up to four months. There is no requirement that you do at least some jail time, there is no required minimum fines and fees, there is no required ignition interlock device, there is no required license suspension.

Although some attorneys have been able to get plea agreements, it is still rare and prosecutors do not really understand it, they do not like it. They do not want to deal with the case that way. Usually, the best types of cases where we deal with this, is, where there is not a perfect shelter rule defense, where maybe a person is sleeping in their vehicle, the engine is on for air-conditioning but they are sleeping, they are not in actual physical control of the vehicle, but when the officer knocks on the window to wake them up, they reach for the gearshift. A perfect shelter rule defense that also should not necessarily be a DUI case, in theory, could be someone who is obviously stumbling drunk that walks over to the vehicle and opens up their car door when the police officers come. They were not in actual physical control, they were, maybe, about to be, they were not actually driving, that might be a type of issue where it could be charged or possibly pled to as an attempted DUI.

What Can An Attorney Do For Someone Prior To Having An Interlock Device Ordered?

That is where having an attorney that knows what they are doing is most helpful. At the time of sentencing, not necessarily after the fact, I am not sure if an attorney can really be helpful after the fact if there is a violation of an ignition interlock device.

If Someone Uses A Mouth Wash Or A Medicine With An Alcohol Base, Will It Show As Alcohol In An Interlock Device?

It definitely can, especially mouthwash. That is why if it tests positive for alcohol, they will tend to test you about five minutes later just to see if it is something like mouthwash which would dissipate quite quickly. Any type of medication that has alcohol in it including over-the-counter cough medication can test positive in an ignition interlock device. You want to make sure that you do not have anything that is alcohol related in your mouth if you are going to be driving.

For more information on Alternate Sentencing For DUI Offenders, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 480-900-0384 today.

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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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