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 Nevada, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It focuses on the suspension of driving privileges for individuals charged with DUI/DWI. This hearing, also known as an administrative per se (APS) hearing, must be requested typically within 7 days after the arrest. Failure to request a hearing within this time frame usually results in an automatic suspension of the driver's license. At the DMV 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 rules and procedures for these hearings are outlined in Nevada's statutes, which can be found in the Nevada Revised Statutes (NRS), particularly in the sections dealing with motor vehicles and traffic laws.