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An Overview Of Overturning a Drug-Related DUI Conviction (RULE 32) In Arizona

Interviewer: Can you please provide an overview of the new legislation about convictions being overturned in regards to the DUI?

Arizona’s Supreme Court Has Recently Overturned a Drug-Related DUI Case, Based on Evidence That the Driver’s System Had the Inactive Marijuana Compound

Brian Sloan: It’s an Arizona Supreme Court case interpreting Arizona law concerning DUI drug convictions. The Arizona Supreme Court came back in a case called State versus Shilgevorkyan, where they determined that driving with Carboxy-THC, which is the inactive metabolite of marijuana, should not be charged as a DUI.

Recent Drug-Related DUI Cases Attributed to Marijuana May Now Be Retried

Interviewer: If my conviction was overturned, will it be retried or dropped?

If a Past Conviction Is Overturned, the Prosecutor Will Decide to Move Forward, Offer a Plea Agreement or Dismiss

Brian Sloan: Technically it can be retried. I’ve now done about five of these in different courts around the valley and I’ve had a couple of different outcomes. Overturning the conviction technically places you back on Day 1, where the prosecutor can decide to move forward with going to trial, or, often, a plea agreement, or can decide to just dismiss it outright and end the case right there.

I have heard from some of my associates that, in some cases, while the prosecutor is not fighting the dismissal itself and overturning the conviction itself, they are deciding to continue to go forward on Count 1. They move forward, proceeding on the belief that the person was driving and that their ability to drive was impaired to the slightest degree by the use of alcohol, drugs, medications, vapor-releasing substances, or a combination thereof.

So, technically, if a person were to plead guilty to DUI, drugs or medications, pursuant to Arizona Revised Statute 28-1381A3, and all they had in their system was the metabolite of marijuana—the inactive one, which is called Carboxy-THC—then that conviction can be overturned. But the person can still be charged with being impaired to the slightest degree by drugs, medications, alcohol, or a combination thereof under NRS 28-1381A1.

By Brian Douglas Sloan

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Brian Douglas Sloan

DUI ATTORNEY


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?

19+

19+ Years SOLELY Focused on DUI Defense

4,200+

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

AVVO.com

Preeminent
4.9 / 5.0

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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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Email address:
Sloan@ArizDUI.com
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2 N. Central Ave Suite 1929
Phoenix, AZ 85004
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