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 Indiana, a DUI/DWI arrest can lead to an administrative hearing at the Bureau of Motor Vehicles (BMV) to determine whether a driver's license should be suspended. This hearing is separate from the criminal court proceedings and focuses solely on the driving privileges. Indiana law requires that individuals arrested for DUI/DWI must request an administrative hearing within a specific timeframe, typically within 10 days of the arrest, to contest the suspension of their license. At this hearing, the defendant has the right to be represented by an attorney, but unlike in criminal cases, there is no constitutional right to appointed counsel. Therefore, if the defendant wishes to have legal representation, they must hire an attorney or choose to represent themselves. The procedures and deadlines for these hearings are outlined in Indiana's statutes, which can be found in the state's vehicle or administrative codes.