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 South Carolina, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It is conducted by the South Carolina Department of Motor Vehicles (SCDMV) to determine whether a driver's license should be suspended following a charge for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). This hearing is typically referred to as an Administrative License Revocation (ALR) hearing. Drivers arrested for DUI/DWI in South Carolina must request an ALR hearing within 30 days of their arrest to challenge the suspension of their driving privileges. Failure to request a hearing within this timeframe will result in the automatic suspension of the driver's license. At the ALR hearing, the defendant has the right to be represented by an attorney, but unlike in criminal court, there is no constitutional right to a state-appointed attorney for this administrative hearing. Therefore, the defendant must either hire an attorney or represent themselves. The specific laws and procedures governing these hearings are found in South Carolina's statutes, particularly those related to motor vehicles and administrative procedures.