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 Virginia, a DMV DUI/DWI hearing is an administrative procedure separate from the criminal court process. It is conducted by the Virginia Department of Motor Vehicles (DMV) to determine whether a driver's license should be suspended following a DUI/DWI charge. This type of hearing is sometimes referred to as an administrative license suspension (ALS) hearing. In Virginia, a driver arrested for DUI/DWI has the right to request an administrative hearing to challenge the suspension of their driving privileges. However, this request must be made within a specific time frame, typically within 7 days from the date of the arrest. Failure to request a hearing within this period usually results in an automatic suspension of the driver's license. It is important to note that representation by an attorney is allowed at these hearings, but the state does not provide a court-appointed attorney for this administrative process. Therefore, the individual must either hire an attorney or represent themselves. The specific procedures and rules for these hearings are outlined in Virginia's statutes and regulations.