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 Michigan, a DUI/DWI arrest can lead to an administrative hearing known as an 'administrative per se' hearing, which is conducted by the Michigan Secretary of State's Office, not the DMV, as Michigan does not have a DMV. This hearing is to determine whether a driver's license should be suspended due to the charge. The driver must request this hearing within 14 days of the arrest to challenge the automatic suspension of their driving privileges. If the driver does not request a hearing or the challenge is unsuccessful, the suspension is imposed. At this hearing, the defendant has the right to be represented by an attorney, but unlike in criminal court, there is no constitutional right to appointed counsel. Therefore, the defendant must either hire an attorney or represent themselves. The specific procedures and deadlines for these hearings are outlined in Michigan's vehicle and administrative codes.