DUI Defence in Athens, Alabama
You are facing two separate cases: the criminal charge in court, and an administrative case about your driver’s licence.
The licence case has a deadline of 10 days. Under Ala. Code § 32-5A-307 the request for a hearing must be received or postmarked within 10 days of the notice of intended suspension, and missing it “shall constitute a waiver of the person’s right to an administrative hearing and judicial review.”
Call the office. Phones are answered 24 hours a day.
What we do
- Preserve the 10-day administrative hearing request before the right is waived by statute.
- Obtain and review the evidence — the stop, the reason for it, the field tests, the chemical test, the maintenance and calibration record on the instrument, and the officer’s report.
- Establish your actual record, because the penalties in § 32-5A-191 escalate on priors within 10 years and memory is unreliable.
- Appear in the municipal or district court named on your citation.
- Advise you honestly on the realistic range of outcomes on facts like yours — not on a promise.
What the statute provides
| Conviction | Fine | Jail | Licence | Interlock |
|---|---|---|---|---|
| First | $600–$2,100 | Up to 1 year | 90-day suspension (stayed if interlock installed) | 1 year if BAC 0.15%+, child under 14 as passenger, or test refused |
| Second | $1,100–$5,100 | Minimum 5 days, or 30 days community service | Revoked 1 year | 2 years |
| Third | $2,100–$10,100 | Minimum 60 days, not suspendable | Revoked 3 years | 3 years |
| Fourth | $4,100–$10,100 | Class C felony — 1 to 10 years | Revoked 5 years | 4 years |
The BAC thresholds are 0.08 percent for adults, 0.02 percent for drivers under 21, and 0.04 percent for commercial drivers. The statute also reaches impairment by substances other than alcohol.
Section 32-5A-191 counts prior convictions within 10 years of the date of the current offence. A prior felony DUI conviction counts regardless of age.
Establishing what is actually on your record is one of the first things to do, not one of the last.
Ala. Code § 32-5A-191.Arrested in the last ten days?
The hearing request has to be received or postmarked inside the window. There is no extension for not knowing about it. Call now.
The licence case
Under § 32-5A-304 the suspension period turns on your alcohol or drug-related enforcement contacts over the previous ten years:
| Prior contacts in 10 years | Suspension |
|---|---|
| None | 90 days |
| One | One year |
| Two | Three years |
| Three or more | Five years |
Note that it is enforcement contacts, not convictions. The administrative case does not wait for the criminal case to finish.
Refusing the test
Alabama’s implied consent law, § 32-5-192, requires the person to be told that failure to submit to a chemical test “will result in the suspension of his or her privilege to operate a motor vehicle for a minimum of 90 days,” and provides that on request the agency shall give a hearing in the same manner as under § 32-5A-307.
A refusal is also one of the triggers for a one-year ignition interlock requirement on a first conviction under § 32-5A-191.
The first 48 hours
- Find the notice of intended suspensionIt is in the paperwork from the arrest or release. The date on it starts the 10-day clock under § 32-5A-307.
- Count 10 days from that dateCalendar days. Act well inside it.
- Stop talking about the caseNot on jail phones, which are recorded. Not on social media, which is discoverable. Not to the officer.
- Write down everything while you remember itWhere you were stopped and why, what you were asked, what tests were given, what you were told, who was present, and the timeline.
- Find your court dateIt is on the citation. That is the criminal case, and it is separate from the licence case.
- CallEven if only to find out where you stand. Phones are answered 24 hours a day.
Where your case will be heard
Your citation says which
What we do not handle
Rule 7.4 permits a lawyer to state the fields in which they do and do not practise. We handle DUI and traffic matters. We do not handle felony criminal defence — including a fourth or subsequent DUI, which is a Class C felony under § 32-5A-191, and including drug, assault and other felony charges. If that is your situation we will say so on the first call.
No lawyer can promise a result, and Alabama Rule 7.1 prohibits any communication likely to create an unjustified expectation about what can be achieved. What we can give you is an accurate account of the statutes, the deadlines, the evidence, and the realistic range of outcomes on facts like yours.
Alabama Rules of Professional Conduct, Rules 7.1 and 7.4.DUI questions we hear in Athens
How long do I have to act after a DUI arrest in Alabama?
Ten days from the notice of intended suspension to request an administrative hearing, under Ala. Code § 32-5A-307. Missing it waives the hearing and judicial review under that article.
Will I lose my licence for a first DUI?
Section 32-5A-191 provides a 90-day suspension on a first conviction, which is stayed if an ignition interlock device is installed. Separately, the administrative suspension under § 32-5A-304 is 90 days where there are no prior alcohol or drug-related enforcement contacts in the preceding 10 years.
Is a first DUI a felony in Alabama?
No. Under § 32-5A-191 a fourth or subsequent conviction is a Class C felony. First, second and third are not.
What is the legal limit in Alabama?
0.08 percent for adults, 0.02 percent for drivers under 21, and 0.04 percent for commercial drivers. The statute also covers impairment by substances other than alcohol, with no numeric threshold.
Do I need an ignition interlock?
On a first conviction, § 32-5A-191 requires one for a year where the BAC was 0.15 percent or above, a child under 14 was a passenger, or the test was refused. Interlock is required for two years on a second conviction, three on a third, and four on a fourth.
Can I just plead guilty and get it over with?
You can, and sometimes after a real look at the evidence that is the sensible course. Do it before anyone has read the file and you are giving up options — including the licence case — without knowing what they were worth.
How much does a DUI lawyer cost in Athens?
Call the office and describe the situation. We will tell you what the matter involves and how we would charge for it before you commit to anything.
What if the arrest happened in another county?
We appear across Limestone, Madison, Morgan and the surrounding counties. Tell us which court is on the citation and we will tell you what happens next.
Questions about a DUI or traffic charge? Email dui@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
Call before the ten days run
DUI and traffic defence across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties. Phones answered 24 hours a day.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles DUI and traffic defense, real estate closings and title work, estate planning and probate, deeds, business formation and contracts for clients across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.