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 Minnesota, when a driver is arrested for DUI/DWI, their driving privileges are subject to immediate revocation under the state's implied consent law. The arresting officer typically issues a notice of revocation, and the driver's license may be physically confiscated. The driver has the right to challenge this administrative action by requesting a hearing, which must be done within 60 days of the notice of revocation. This administrative hearing is separate from the criminal proceedings and is conducted by the Minnesota Department of Public Safety. The purpose of the hearing is to review the circumstances of the arrest and determine whether the license revocation is justified. At this hearing, the driver may be represented by an attorney, but unlike in criminal court, there is no constitutional right to a state-appointed attorney if the individual cannot afford one. Therefore, the driver must either hire an attorney or represent themselves. The outcomes of this administrative process can have significant implications for the driver's driving privileges, independent of the criminal DUI/DWI charges.