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 Montana, a DMV DUI/DWI hearing, also known as an administrative license revocation (ALR) hearing, is a separate process from the criminal court proceedings for a DUI/DWI charge. This hearing is conducted by the Montana Department of Justice's Motor Vehicle Division (MVD) and focuses on the suspension of driving privileges rather than criminal guilt. A driver charged with DUI/DWI in Montana must request an ALR hearing typically within 30 days of receiving the Notice of Suspension to contest the automatic suspension of their driver's license. Failure to request a hearing within the specified timeframe usually results in an automatic suspension. At the ALR hearing, the driver has the right to be represented by an attorney, but unlike in criminal proceedings, the state does not provide a public defender for this administrative process. Therefore, the driver must either hire an attorney or represent themselves. The specific procedures and deadlines for these hearings are outlined in Montana's statutes, which can be found in the vehicle code and administrative code.