A DMV (Department of Motor Vehicles) DUI/DWI hearing is an administrative hearing to determine whether the state should suspend the license (driving privileges) of a driver who has been charged with DUI/DWI. This hearing is also known as an “administrative per se” or “admin per se” hearing or an “administrative license revocation” or ALR hearing, and generally must be requested within a matter of days following the DUI/DWI arrest to challenge the automatic suspension of the driver’s license.

A defendant has the right to be represented by an attorney at such a DMV hearing—but unlike the criminal prosecution portion of a DUI/DWI charge, a defendant does not have a Constitutional right to counsel in an administrative DMV hearing and must hire an attorney (or be self-represented or pro se), as the state will not appoint an attorney to represent the defendant.

Laws regarding DMV hearings for driver’s license suspensions or revocations in DUI/DWI cases vary from state to state—including procedures and deadlines—and are generally located in a state’s statutes—often in the vehicle code, penal or criminal code, or administrative code.

In Alabama, a DUI/DWI arrest typically triggers an administrative process separate from the criminal case, which can result in the suspension of driving privileges. This process is managed by the Alabama Law Enforcement Agency (ALEA) rather than the Department of Motor Vehicles (DMV), which is the term used in some other states. A driver charged with DUI/DWI in Alabama has the right to request an administrative hearing to challenge the suspension of their driver's license. This request must be made within 10 days of the arrest, or the suspension will go into effect automatically. The hearing is an opportunity to present evidence and argue against the license suspension. However, unlike in criminal proceedings, there is no constitutional right to be represented by an attorney at this administrative hearing. If a driver wishes to have legal representation at the hearing, they must hire an attorney at their own expense or choose to represent themselves. The specific procedures and deadlines for these hearings are outlined in Alabama's statutes and administrative code.