A DMV (Department of Motor Vehicles) DUI/DWI hearing is an administrative hearing to determine whether the state should suspend the license (driving privileges) of a driver who has been 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, and generally must be requested within a matter of days following the DUI/DWI arrest to challenge the automatic suspension of the driver’s license.

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 Jersey, a DUI/DWI charge triggers an administrative process separate from the criminal case, which can result in the suspension of driving privileges. This process is managed by the New Jersey Motor Vehicle Commission (MVC), not the DMV, as New Jersey uses the MVC for vehicle and driving-related matters. When a driver is arrested for DUI/DWI, they may receive a notice of scheduled suspension and have the opportunity to request an administrative hearing to contest the suspension. This request must typically be made within a specified time frame, which is usually a few days to two weeks after the arrest. At the MVC hearing, the driver has the right to be represented by an attorney, but unlike in criminal court, there is no constitutional right to appointed counsel. If the driver wishes to have legal representation, they must hire an attorney at their own expense or choose to represent themselves. The procedures and deadlines for these hearings are outlined in New Jersey's statutes, which can be found in the state's administrative code and laws related to motor vehicles.