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 York, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It is conducted by the Department of Motor Vehicles to determine whether a driver's license should be suspended following a charge for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). In New York, this hearing is typically referred to as a 'refusal hearing' if the driver refused a chemical test, or a 'safety hearing' if the driver took the test and failed. The hearing must be requested within 15 days of the arrest (for a refusal hearing) or it may be automatically scheduled by the DMV (for a safety hearing). At this 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. The outcome of this hearing can result in the suspension or revocation of driving privileges, independent of the outcome of the criminal case.