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 California, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It is conducted by the Department of Motor Vehicles to determine whether a driver's license should be suspended after being charged with a DUI/DWI. This hearing, also known as an 'administrative per se' (APS) hearing, must be requested within 10 days of the arrest. Failure to do so typically results in an automatic suspension of driving privileges. At the APS hearing, the driver has the right to be represented by an attorney, but unlike in criminal proceedings, there is no constitutional right to appointed counsel. If the driver cannot afford an attorney or chooses not to hire one, they must represent themselves. The laws governing these hearings are found in California's Vehicle Code, and the procedures and deadlines are specific to the state. The outcome of the DMV hearing is independent of the criminal case, which means that even if the driver is found not guilty in criminal court, they can still face a license suspension from the DMV hearing.