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 Dakota, a DUI/DWI arrest can lead to an administrative hearing regarding the suspension of driving privileges, known as an administrative license revocation (ALR) hearing. This hearing is separate from the criminal proceedings and focuses solely on the driving privileges. Individuals arrested for DUI/DWI in South Dakota must request an ALR hearing within a specific timeframe, typically within a few days after the arrest, to contest the automatic suspension of their 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 process. Therefore, the individual must either hire an attorney or represent themselves. The specific procedures, deadlines, and regulations for these hearings are outlined in South Dakota's statutes, which can be found in the state's vehicle or administrative codes.