In most states a driver who is arrested for DUI/DWI will have their license confiscated by the arresting officer and it will be automatically suspended when the department of motor vehicles (DMV) receives notice of the arrest. An administrative hearing (at a DMV office rather than in court) generally must be requested within days of the arrest and the driver must appear at the hearing in order to challenge the suspension or revocation of the license.

The purpose of such a DMV administrative hearing is to determine whether the state should suspend the driver’s license (driving privileges) of the driver 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. 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 Arizona, when a driver is arrested for DUI (Driving Under the Influence), the arresting officer may issue an Admin Per Se/Implied Consent Affidavit, which results in the immediate suspension of the driver's license. The driver then has 15 days to request a hearing with the Arizona Department of Transportation (ADOT) Motor Vehicle Division (MVD) to contest the suspension. This administrative hearing is separate from the criminal court proceedings for the DUI charge. The purpose of the hearing is to review the circumstances of the arrest and determine whether the license suspension is justified. At this hearing, the driver has the right to be represented by an attorney, but unlike in criminal court, the state does not provide a public defender for this administrative process. If the driver does not request a hearing within the 15-day period, the suspension becomes automatic. The specific procedures and rules for these hearings are outlined in Arizona's Revised Statutes and the administrative code governing motor vehicle operations.