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 California, when a driver is arrested for DUI (Driving Under the Influence), the arresting officer is authorized to take the driver's license and issue a temporary license that is valid for 30 days. The California Department of Motor Vehicles (DMV) is then notified of the arrest, which triggers an automatic administrative process separate from the criminal proceedings. The driver has the right to request an administrative per se (APS) hearing within 10 days of the arrest to contest the suspension. This DMV hearing is focused on the circumstances of the arrest and the evidence of impairment, not on the criminal charges per se. At the hearing, the driver can be represented by an attorney, but unlike in criminal court, there is no constitutional right to a state-appointed attorney if the driver cannot afford one. The outcome of this hearing can result in the suspension or revocation of driving privileges, depending on factors such as the driver's blood alcohol content (BAC) at the time of arrest and prior DUI history. It's important to note that this is an administrative process and is independent of any criminal charges or outcomes in court.