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 Illinois, when a driver is arrested for DUI (Driving Under the Influence), the arresting officer may immediately confiscate the driver's license if the driver fails a chemical test or refuses to take it. This triggers a statutory summary suspension of driving privileges, which is an administrative action separate from criminal DUI charges. The driver has the right to request an administrative hearing to contest the suspension, which must be done within 90 days of the notice of suspension. This hearing is conducted by the Secretary of State's office, not the DMV, as Illinois does not have a DMV. The purpose of the hearing is to review the circumstances of the arrest and determine whether the suspension is justified. Representation by an attorney is allowed but not provided by the state; the driver must either hire an attorney or represent themselves. The administrative hearing is a civil procedure, distinct from the criminal court proceedings for the DUI charge, where the driver may face additional penalties if convicted.