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 South Dakota, when a driver is arrested for DUI (Driving Under the Influence), the arresting officer may issue an immediate notice of revocation or suspension of the driver's license. This is known as administrative license revocation (ALR). The driver then has the right to request an administrative hearing to challenge the revocation or suspension. This request must be made within a specific time frame, typically within 10 days of the arrest or receipt of the notice of revocation. The administrative hearing is separate from the criminal proceedings and focuses solely on the driving privileges. At the hearing, the driver can be represented by an attorney, but unlike in criminal court, the state does not provide a public defender for this administrative process. The driver must either hire an attorney or represent themselves. The outcome of this hearing does not affect the criminal DUI proceedings, which are handled separately in the court system.