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 Pennsylvania, when a driver is arrested for DUI (Driving Under the Influence), the process for handling the suspension of the driver's license is somewhat different from the description provided. Pennsylvania does not have an administrative per se law that results in immediate confiscation of the driver's license by the arresting officer. Instead, the Pennsylvania Department of Transportation (PennDOT) will issue a notice of suspension after the arrest. The driver then has the right to appeal the suspension, and this appeal must be filed within 30 days of the mailing date of the notice of suspension. The appeal is heard in the Court of Common Pleas, not at a DMV office. During the hearing, the court will determine whether the suspension is justified. It is important to note that this process is separate from the criminal proceedings for the DUI charge. While a defendant can be represented by an attorney at the hearing, there is no constitutional right to counsel at this stage, and the state will not provide an attorney. The defendant must either hire an attorney or represent themselves.