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 New Hampshire, a DMV DUI/DWI hearing, also known as an administrative license suspension (ALS) hearing, is a separate process from the criminal court proceedings for a DUI/DWI charge. This administrative hearing is conducted by the Department of Safety to determine whether a driver's license should be suspended due to a DUI/DWI arrest. New Hampshire law requires that a driver request an ALS hearing within 30 days of the arrest to challenge the suspension. Failure to request a hearing within this timeframe will result in an automatic suspension of driving privileges. At the ALS hearing, the driver has the right to be represented by an attorney, but unlike in criminal proceedings, there is no constitutional right to appointed counsel. If the driver cannot afford an attorney or chooses not to hire one, they must represent themselves (pro se). The specific procedures and rules for these hearings are outlined in New Hampshire's statutes, which can be found in the state's administrative rules and regulations pertaining to motor vehicles.