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 New York, when a driver is arrested for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), the arresting officer may confiscate the driver's license, and the license may be subject to an immediate suspension pending a hearing at the Department of Motor Vehicles (DMV). The driver must request a DMV administrative hearing, commonly referred to as an 'administrative per se' or 'admin per se' hearing, within 15 days of the arrest to challenge the suspension or revocation of their driving privileges. This administrative hearing is separate from the criminal proceedings and focuses solely on the driving privileges. While a defendant has the right to be represented by an attorney at the DMV hearing, there is no constitutional right to free legal counsel in this administrative context. Therefore, the driver must either hire an attorney, represent themselves (pro se), or go without legal representation. The specific procedures and deadlines for these hearings are outlined in New York's Vehicle and Traffic Law.