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 Arizona, a DMV DUI/DWI hearing, also known as an administrative per se (admin per se) hearing, is a separate process from the criminal court proceedings for a DUI/DWI charge. This administrative hearing is conducted by the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD) to determine whether a driver's license should be suspended due to a DUI/DWI arrest. Arizona law requires that a driver arrested for DUI/DWI must request an admin per se hearing within 15 days of the arrest to contest the automatic suspension of their driving privileges. Failure to request a hearing within this timeframe will result in an automatic suspension. At the DMV hearing, the driver has the right to be represented by an attorney, but unlike in criminal court, there is no constitutional right to a state-appointed attorney. Therefore, the driver must either hire an attorney or represent themselves. The specific procedures and rules for these hearings are outlined in Arizona's statutes, particularly within the sections governing motor vehicle operations and administrative procedures.