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 North Carolina, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It is conducted by the North Carolina Division of Motor Vehicles (NCDMV) to determine whether a driver's license should be suspended due to a charge of Driving Under the Influence (DUI) or Driving While Impaired (DWI). Following an arrest for DUI/DWI, a driver typically has 10 days to request a hearing to contest the automatic suspension of their driving privileges. This type of hearing is sometimes referred to as an 'administrative per se' or 'administrative license revocation' (ALR) hearing. It is important to note that while a defendant can be represented by an attorney at this hearing, there is no constitutional right to counsel as there is in criminal proceedings. Therefore, the state will not provide an attorney, and the individual must either hire an attorney or represent themselves. The specific procedures and deadlines for these hearings are outlined in North Carolina's statutes, which can be found in the state's vehicle or administrative codes.