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 Arkansas, a DMV DUI/DWI hearing, also known as an administrative license revocation (ALR) hearing, is a separate process from the criminal court proceedings for a DUI/DWI charge. This hearing is conducted by the Arkansas Department of Finance and Administration, not the DMV, as Arkansas does not have a DMV. If a driver is arrested for DUI/DWI, their driving privileges are subject to immediate suspension, and they must request an ALR hearing within 7 days of the arrest to contest the suspension. At the ALR hearing, the driver can be represented by an attorney, but unlike in criminal court, there is no constitutional right to appointed counsel. If the driver wishes to have legal representation, they must hire an attorney at their own expense or choose to represent themselves. The outcome of the ALR hearing is independent of the criminal case, and the hearing focuses solely on whether the driver's license should be suspended based on the circumstances surrounding the DUI/DWI arrest.