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 Illinois, a DUI/DWI arrest typically triggers an administrative process separate from the criminal proceedings, which is handled by the Secretary of State's office rather than the DMV. This process involves a statutory summary suspension of the driver's license, which is an automatic suspension that occurs if a driver fails a chemical test or refuses to take one. Drivers have the right to request an administrative hearing to contest this suspension, and this request must be made within 90 days of the notice of suspension. At the hearing, the driver can challenge the suspension on various grounds, such as questioning the validity of the traffic stop, the arrest, or the accuracy of the chemical test. It is important to note that this is not a criminal trial but an administrative procedure. While a defendant has the right to be represented by an attorney at the administrative hearing, there is no constitutional right to a state-appointed attorney in this context. If a driver wishes to have legal representation, they must hire an attorney at their own expense or choose to represent themselves.