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 Montana, when a driver is arrested for DUI (driving under the influence), the arresting officer may seize their driver's license, and the Montana Department of Justice Motor Vehicle Division (MVD) is notified of the arrest, which can lead to an administrative license suspension. The driver has the opportunity to request an administrative hearing to challenge this suspension, which is separate from the criminal DUI proceedings. This hearing must be requested within 30 days of the served suspension notice. The administrative hearing, also known as an administrative per se (APS) hearing or administrative license revocation (ALR) hearing, is not a criminal trial but a civil administrative process focused on the driving privileges and the circumstances of the arrest. In Montana, the driver has the right to be represented by an attorney at their own expense, as the state does not provide a court-appointed attorney for these hearings. The outcome of this hearing can result in the upholding, modification, or reversal of the license suspension.