Q & A with Attorney Ramon Cervantes

Q: I just got revoked last month for DUI. Can I get reinstated right away?
When someone is revoked, he or she is not eligible for full reinstatement immediately. Typically, a person must wait one year from the date of the revocation before becoming eligible.

However, time served on a statutory suspension is credited toward reinstatement eligibility.

Full reinstatement means asking the Secretary of State (SOS) to grant full driving privileges. It is important to note that the SOS rarely grants full reinstatement at a first hearing. Moreover, the SOS can only grant the relief that is specifically requested. Because of this, counsel will usually request both full reinstatement and a restricted driving permit at the first hearing. If only full reinstatement is requested, it is unlikely that the SOS will grant any driving privileges. Later, if the person remains eligible, counsel may then request full reinstatement only.

A person may also seek limited privileges before being eligible for full reinstatement. These privileges are restricted to work, school, or medical treatment. To obtain them, the person must demonstrate hardship—such as the likelihood of losing a job, being expelled from school, or needing urgent or ongoing medical care.

Q: Do I need any documents in order to have a hearing?
Yes. Required documents include all treatment records from the most recent DUI, such as DUI Risk Education documentation and proof of treatment and continuing care (if ordered).

Additionally, the SOS requires an updated evaluation dated within six months of the hearing. This evaluation, along with treatment needs and subsequent waivers, must come from the treatment provider.

The petitioner must also provide four letters of Documentation of Abstinence/Character/Substance Use, which can be found on the SOS website.

If the person is classified as High Risk Dependent, three additional letters from a support group are required, in addition to the four character letters.

Q: Does the process with the SOS cost anything (not including attorney fees)?
Yes. The SOS charges $50 per hearing.

Q: Do I need to show up at the hearing? Who else will be present?
Yes. The petitioner must attend the hearing to testify. No one else testifies except the petitioner.

The SOS is represented by an attorney who, along with the hearing officer, may ask questions. If the petitioner has hired counsel, the attorney will also be present.

Q: What do I need to do to see if and when I can get my privileges back?
Schedule a free consultation with Attorney Ramon Cervantes and bring a current copy of your Driving Abstract. Ramon will review your status, discuss reasonable expectations, and explain the process and timeline—depending on your cooperation in gathering the necessary paperwork.

Disclaimer: The information above is general in nature and not intended as legal advice. It may not reflect laws in your jurisdiction. Reading this post does not create an attorney-client relationship. Always consult appropriate legal or professional counsel before taking action.