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 Georgia, when a driver is arrested for DUI, the officer will issue a DDS Form 1205, which serves as a notice of the intent to suspend the driver's license and as a temporary driving permit for 30 days. The driver has the right to request an administrative license suspension (ALS) hearing within 30 days of the arrest to challenge the suspension. If the request is not made within this period, the suspension becomes effective on the 31st day after the arrest. The ALS hearing is separate from the criminal DUI proceedings and is conducted by the Office of State Administrative Hearings (OSAH). At the ALS hearing, the administrative law judge will determine whether the license should be suspended based on the evidence presented. It is important to note that in Georgia, this process is not handled by the DMV, as Georgia does not have a DMV; instead, the Department of Driver Services (DDS) handles driver licensing. The driver may be represented by an attorney at their own expense, as there is no constitutional right to free legal counsel in these administrative proceedings.