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 New Jersey, when a driver is arrested for DUI (Driving Under the Influence), also referred to as DWI (Driving While Intoxicated), the arresting officer may confiscate the driver's license, and the New Jersey Motor Vehicle Commission (MVC) is notified of the arrest. New Jersey law requires that a driver request an administrative hearing to challenge the suspension of their license. This request must be made within a specific time frame, which is typically stated in the notice of suspension that the driver receives. The administrative hearing, which is separate from the criminal court proceedings, is held to determine whether the driver's license should be suspended due to the DUI/DWI charge. This type of hearing is sometimes referred to as an 'administrative license suspension' (ALS) hearing. In New Jersey, a driver has the right to be represented by an attorney at this hearing, but unlike in criminal court, there is no constitutional right to a state-appointed attorney for the administrative hearing. Therefore, the driver must either hire an attorney, represent themselves, or proceed pro se. The specific laws and procedures for these hearings are found in New Jersey's statutes, which include the state's motor vehicle and traffic laws.