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 Maryland, when a driver is arrested for DUI/DWI, the arresting officer may issue an Order of Suspension along with the traffic citation, and the driver's license may be confiscated. Maryland law requires that a driver arrested for DUI/DWI must request an administrative hearing within 10 days of the arrest if the driver wishes to have a hearing before the suspension goes into effect, or within 30 days of the arrest to avoid the risk of the suspension going into effect before a hearing is held. This hearing is conducted by the Office of Administrative Hearings (OAH) rather than in a court of law. The purpose of the hearing is to determine whether the driver's license should be suspended based on the circumstances surrounding the DUI/DWI arrest. While a driver has the right to be represented by an attorney at this administrative hearing, it is not a Constitutional right, and the state will not provide an attorney. The driver must either hire an attorney or represent themselves. The specific procedures and rules for these hearings are outlined in Maryland's transportation statutes and regulations.