How can I get my license back after four DUIs?
To answer this question properly I would need to know if you are currently on probation. I would also like to know if your license was suspended as a condition of your probation. If it has been then you need to talk to a lawyer about a Motion to Modify the Conditions of your Probation. If you are not on probation you should go to the Department of Motor Vehicles and ask that your license be reinstated. They may want you to obtain SR-22 insurance and provide proof of current insurance. I hope this helps.
How does a DUI impact someone with misdemeanor charges?
Not necessarily. Only prior DWI's can be used to enhance DWI's. If you have a prior DWI it becomes a Class A misdemeanor. If you have two it becomes a third degree felony. If the prosecutor sees that you have prior convictions for misdemeanors the prosecutor may use that as an excuse not to offer you probation, or to negotiate for a harsher sentence, but he cannot use your non-DWI prior convictions to enhance your current DWI.
What is the first step after being released and charged with DUI?
You need to hire a lawyer. The lawyer will know exactly what to do. You have 14 days from the date of your arrest to request an ALR (Administrative License Revocation) hearing. After that 14 day time period you lose the right to that hearing. Getting a lawyer who will represent you on the criminal case is key to this process. The lawyer will be able to do the hearing in such a way that he/she will get valuable information to defend you during your case. Call a lawyer, consultations are almost always free, and hiring a lawyer is an investment in your future that will pay dividends providing you make a good choice.
Can I get a DUI while on marijuana instead of alcohol?
If the police took bodily fluids from you during the arrest then those bodily fluids can be tested for drugs and alcohol. An intoxicating substance includes any drug, alcohol, dangerous drug, or a controlled substance that makes it so you do not have the normal use of your intellectual or physical faculties. It is, usually, more difficult to say that someone is under the influence of marijuana than it is to say they are under the influence of marijuana. Still, it depends on the philosophy of the county where you were arrested and the expertise of the officer who arrested you. If you were not arrested but a blood sample was taken, it is likely that a warrant for your arrest will be issued once the blood is tested. Hiring a lawyer will allow you to keep track of where the case is and allow you avoid any nasty surprises.
Can a police officer pull you over for no reason?
To stop a vehicle a police officer needs reasonable suspicion that a crime has occurred and that the occupants of the vehicle are involved. A police officer can come over and speak with anyone The crime does not have to be the same crime for which the party is eventually arrested (you can get pulled over for a traffic violation when the officer thinks you have drugs and is using the traffic violation as an excuse). If you are stopped for no reason, if you were arrested without probable cause, or if your detention exceeded the reason for your stop,the State may not be able to use the evidence they have against you. Your lawyer can argue that your Constitutional rights were violated by filing various pre-trial motions.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.