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 Indiana, when a driver is arrested for DUI (known as OWI - Operating While Intoxicated - in Indiana), their driving privileges can be immediately suspended. The arresting officer may issue a notice of suspension, and the driver's license can be confiscated. The Indiana Bureau of Motor Vehicles (BMV) is the agency responsible for handling the administrative aspects of a license suspension, not the DMV as in some other states. The driver has the right to request an administrative hearing to challenge the suspension. This request must typically be made within 10 days of the arrest. The administrative hearing is separate from the criminal proceedings and focuses solely on whether the driver's license should be suspended due to the OWI charge. It is important to note that while a driver can be represented by an attorney at this hearing, the state does not provide a public defender for this administrative process, and the driver must either hire an attorney or represent themselves. The specific procedures and deadlines for these hearings are outlined in Indiana's statutes, particularly within the state's vehicle and criminal codes.