Washout Periods

Drunk driving arrests carry a variety of possible punishments, which can include time in jail, huge fines, attendance at mandatory alcohol education classes, having an ignition interlock device being ordered into your car, your car insurance going up, and more.

There are many factors that can affect the type of punishment handed out to someone convicted of DUI. These sentence enhancements can include speeding above certain levels, driving drunk while in a school zone, DUI with minors in the car, having an alcohol level above .15 or .20%, refusing to take the chemical test when asked by a peace officer, professional license issues, and more.

However, the multiple-offender faces the biggest increase in punishment. When someone suffers a second-, third-, or fourth-offense within a certain specified period of time, the punishment exposure can go up dramatically. In some states, a third- or fourth-time DUI will be considered a felony, with a possible state prison sentence. This is why it is so important to find an experienced DUI defense lawyer near you.

Washout periods (also known as "look-back" periods) vary from state to state. In California, the washout period is ten years, calculated from offense date to offense date. In some states, it is five years.

The point of the washout period in a DUI, DWI, or drunk driving case is that after some period of time, the prior conviction "drops off," and is so stale it can no longer be used to add to the punishment for a current DUI offense. Since washout periods vary some much from state to state (some states have lifetime look-back periods), it is critical that you contact a skilled DWI lawyer in your area to analyze your case.