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 Michigan, when a driver is arrested for DUI (Driving Under the Influence), commonly referred to as OWI (Operating While Intoxicated) in Michigan, their driver's license may be confiscated and their driving privileges may be subject to automatic suspension. The Michigan Secretary of State's Office, rather than a DMV, handles driver's license matters. An individual has 14 days from the date of the arrest to request an administrative hearing, which is known as an 'administrative per se' hearing or 'Implied Consent' hearing. This hearing is separate from the criminal proceedings and is focused on whether the driver's license should be suspended due to the DUI/OWI charge. In Michigan, the driver has the right to be represented by an attorney at this hearing, but there is no constitutional right to a state-appointed attorney for this administrative process. If the driver wishes to have legal representation, they must hire an attorney or choose to represent themselves.