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 Ohio, a DUI/DWI (Operating a Vehicle under the Influence, or OVI) charge triggers an administrative process separate from the criminal case, which can result in the suspension of driving privileges. This is known as an Administrative License Suspension (ALS). When a driver fails or refuses a chemical test, the arresting officer will immediately seize the driver's license and issue a notice of suspension. The driver has the right to appeal this suspension and must request an administrative hearing within 30 days of the arrest. This hearing is conducted by the Ohio Bureau of Motor Vehicles (BMV) and is not a criminal proceeding, but rather a civil administrative process. At the hearing, the driver can challenge the suspension on specific statutory grounds. It is important to note that in Ohio, there is no constitutional right to be represented by an attorney at this hearing, and the state will not provide one. The driver must either hire an attorney or represent themselves. The outcome of this hearing is independent of the criminal OVI case, which is handled separately in the court system.