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 Wisconsin, a DMV DUI/DWI hearing, also known as an administrative suspension hearing, is a separate process from the criminal court proceedings for a DUI/DWI charge. This hearing is conducted by the Wisconsin Department of Transportation (WisDOT) and focuses on the suspension or revocation of driving privileges rather than on criminal guilt or innocence. Individuals arrested for DUI/DWI in Wisconsin have the right to request an administrative hearing to contest the suspension or revocation of their driver's license. This request must typically be made within 10 days from the date of the Notice of Intent to Revoke. Failure to timely request a hearing will result in an automatic suspension. At the hearing, the defendant may be represented by an attorney, but unlike in criminal court, there is no constitutional right to appointed counsel. If the individual wishes to have legal representation, they must hire an attorney at their own expense or choose to represent themselves. The specific procedures and rules for these hearings are outlined in Wisconsin's statutes, particularly in the sections dealing with motor vehicles and administrative procedures.