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 Georgia, a DMV DUI/DWI hearing, also known as an administrative license suspension (ALS) hearing, is a separate process from the criminal DUI proceedings. When a driver is arrested for DUI, they may face an automatic license suspension. To contest this suspension, the driver must request an ALS hearing within 30 days of their arrest. Failure to do so will result in the automatic suspension of their driving privileges. At the ALS hearing, the issues are limited to the circumstances of the arrest and the administration of the breath or blood test. The driver has the right to be represented by an attorney at their own expense, as there is no constitutional right to appointed counsel in these administrative proceedings. The outcome of this hearing does not affect the criminal DUI charges, which are handled separately in the criminal court system. The relevant laws and procedures for ALS hearings in Georgia can be found in the state's statutes, particularly in the sections dealing with motor vehicles and traffic.