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 Ohio, when a driver is arrested for DUI (known as OVI in Ohio, for Operating a Vehicle under the Influence), the arresting officer may confiscate the driver's license, and an automatic administrative license suspension (ALS) is typically initiated. The Ohio Bureau of Motor Vehicles (BMV) is responsible for handling the ALS process. Drivers have the right to appeal the ALS, but they must act quickly—typically within 30 days of the arrest—to request an administrative hearing. This hearing is separate from the criminal court proceedings and focuses solely on whether the driver's license should be suspended due to the OVI charge. At the administrative hearing, the driver can be represented by an attorney, but unlike in criminal proceedings, there is no constitutional right to appointed counsel. If the driver wishes to have legal representation at the BMV hearing, they must hire an attorney or choose to represent themselves. The specific procedures and deadlines for these hearings are outlined in Ohio's statutes, which can be found in the Ohio Revised Code, particularly in the sections dealing with motor vehicles and traffic laws.