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Do Physical Ailments or Conditions Affect a Police Officer’s Perception of Whether or Not a Driver Is Impaired?

Interviewer: If your client has a particular ailment or a condition, would that be helpful to your case? For example, what if your client is diabetic?

Symptoms of Diabetes Can Mimic Those of Alcohol Consumption

Brian Sloan: Symptoms of diabetes can mimic those of alcohol, so that is something that can be helpful, but it wouldn’t necessarily explain away why there is a blood alcohol level at a certain level in their blood.

Post-Traumatic Stress Disorder does tend to come up in DUI cases, especially when trying to explain away why someone is crying, why someone has mood swings, possibly why they have bloodshot and watery eyes. Different kinds of ailments do come up, simply because they mimic signs and symptoms of alcohol impairment.

Alcoholism is not going to be an excuse to drink and drive. It’s more mitigating if someone were to be convicted. It’s more mitigation than an issue of a defense, but again sometimes be a defense, depending on what the medical issue is.

For example, it wasn’t one of my cases, but I believe that there was a man who had I think it was a tracheotomy, so he had a hole in his throat. The issue was having a hole in his throat, so can you really rely on the breath test results if he blew into an Intoxilyzer or if he blew into a breath testing machine?

Can we really rely that the result that we got was due to deep lung air and not the result of alcohol accumulating near his tracheotomy hole? The same premise applies with people with dentures. There are some people that have GERD, gastrointestinal issues. There are all sorts of ailments that can come into play, depending exactly on what it is.

Can an Ailment Such as Acid Reflux Affect a Breath Test?

Interviewer: What about acid reflux?

Brian Sloan: That can be an issue too. Again, because if acid is being regurgitated up into the esophagus, up into the throat again, what we’re trying to get in breath tests is the deep lung air, and if you’re getting bile or something else coming in, that can definitely affect the breath test and results in a much higher reading.

If You Feel Overwhelmed during a DUI Case, Should You Just give up and Plead Guilty?

Interviewer: Have you ever dealt with individuals that want to give up or try to plead guilty during the process?

The Process of a DUI Case Involves Your Constitutional Rights

Brian Sloan: There’s a misconception out there that someone should just plead guilty because if they were drinking and they were driving, then that’s the end of it, they should just give up, they should just take responsibility. But there’s so much more to it than that.

There are legal issues, there are constitutional issues and there are factual issues that your average person isn’t going to see but an experienced attorney will. If someone is fine with having a conviction and they don’t want to bother spending the money on an attorney, they can just decide to plead guilty.

While You Are Mulling over That Guilty Plea, It Is Important to Note That Penalties for Subsequent Offenses Can Escalate

What I come to find out is a many times people end up regretting doing that because if they get in trouble again in the future, then they will look back on their previous conviction and say, oh, that’s one I should have fought, things are so much worse now, I wish I had an attorney back then.

The Judicial System Was Not Created to Foster Successful Self-Representation

As I said before, I would much rather someone have the advice of a public defender than to go at it on their own or to go into court and just say, forget it, I’m guilty, I’m just going to take responsibility. This is because the person who goes in there alone has a greater chance of being taken advantage of, there’s a much greater chance of that person having a much harsher penalty than they otherwise would if they were represented by an attorney.

I saw that in court today where there was a man who decided to just take responsibility and he ended up with an 18-day sentence where I think that if he was represented by an attorney, it would have been something like a 9-day sentence.

Oftentimes, an Attorney Can Greatly Mitigate the Potential Penalties of a DUI

Interviewer: How often are you able to get cases reduced like that?

Brian Sloan: Being successful is about knowing the laws and knowing specifically what to say to the court. The court is there to determine legal issues and to determine if a plea agreement before them is appropriate and make sure that juries are doing what they’re supposed to be doing. They are not there to really help necessarily the client. They’re not there to give legal advice to the client.

Prosecutors are there to represent the people; they represent the citizens of their city. They are not there necessarily to look out for the best interests of the defendant.

That’s why we have defense attorneys. That’s why there are Public Defender Offices. That’s why there are private attorneys. We are there to look out for the best interests to keep up to date on the latest laws, to make sure that we can argue in front of the judge to attempt to convince them to do what is ultimately in the best interests of our client.

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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2 N. Central Ave Suite 1929
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