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 Wisconsin, when a driver is arrested for operating a vehicle under the influence (OWI), which is the equivalent of DUI/DWI in other states, the arresting officer may immediately confiscate the driver's license if the driver fails a chemical test or refuses to take one. Wisconsin law then typically requires the Department of Transportation (DOT) to automatically suspend the driver's license. The driver has the right to request an administrative hearing with the DOT to contest the suspension. This request must be made within 13 days of the notice of suspension if the driver took a chemical test, or within 10 days if the driver refused the test. The administrative hearing is separate from the criminal proceedings and focuses solely on the suspension of driving privileges. 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; the driver must either hire their own attorney or represent themselves. The outcome of this administrative hearing does not affect the criminal charges, which are handled separately in the court system.