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 Maine, a DMV DUI/DWI hearing, also known as an administrative hearing, is a process separate from the criminal court proceedings for a DUI/DWI charge. It focuses on the suspension or revocation of driving privileges rather than on criminal guilt. When a driver is arrested for DUI/DWI, they may face an immediate suspension of their driver's license. To contest this suspension, the driver must request an administrative hearing with the Bureau of Motor Vehicles (BMV) typically within 10 days of the arrest. Failure to request a hearing within this timeframe usually results in an automatic 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 administrative process. The driver must either hire an attorney or represent themselves. The outcome of this hearing does not affect the criminal DUI/DWI charges, which are handled separately in the criminal justice system. The rules and procedures for these hearings are outlined in Maine's statutes, specifically within the framework of the state's motor vehicle laws.