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 Florida, a DUI (Driving Under the Influence) charge triggers an administrative process separate from the criminal case, which is handled by the Department of Highway Safety and Motor Vehicles (DHSMV), not the DMV. When a driver is arrested for DUI, their license is typically suspended by the arresting officer, who issues a notice of suspension. The driver then has 10 days to request a formal review hearing to challenge the suspension. This administrative hearing is not a criminal proceeding, but rather a civil process to review the circumstances of the arrest and determine the validity of the license suspension. At the hearing, the driver has the right to be represented by an attorney, but unlike in criminal court, the state does not provide a public defender for this hearing. If the driver does not request a hearing within the 10-day window, the suspension remains in effect. The outcome of this administrative hearing does not affect the criminal DUI proceedings, which are handled separately in the criminal justice system.