When you are convicted of a DUI, doubtless you want to get your sentence over and done with as soon as possible. No one wants to deal with the pain and frustration of a DUI punishment. Oftentimes you have to pay high fees and manage to make it to your job and social obligations without the luxury of a driver's license. As well, you may have to spend some time in jail, or give your weekends to community service projects. Your judge may decide that you need to attend a rehabilitation program, DUI school, or online driving course. You will receive marks on your driving record, and your insurance will skyrocket. All that to say it is never fun to be charged with a DUI, even if it was deserved. When you are given a DUI conviction, you are also given something known as a washout period. Almost every state adheres to this principal, and enforces the restrictions of the washout period while you are finishing your DUI punishments. A wash out period is a time in which you need to refrain from another DUI. If you can do so, then your first DUI will be "washed away."

If you think the sentences for a first-time are bad, try getting sentenced for a third, fourth, or fifth time. Recently in Montana, a man was arrested for driving under the influence and was given his fifth DUI violation in the Montana Supreme Court. Thankfully, because of the wash out period, he was able to avoid being punished for a fifth DUI offense, and instead received a first-time sentence. The suspect refused to take the field sobriety tests after he was pulled over by a police officer for swerving on a highway. He also declined a breathalyzer test, which means that he will serve extra jail time. The older man said that he didn't want to take the field tests because of his arthritis. He also explained that he was swerving on the road because he was fiddling with his Walkman, and that he had spilled diesel fuel all over himself earlier so there was no way that he would smell like alcohol.

He said that his mumbled speech to the police officer was the result of being embarrassed about his crooked teeth. After being convicted of a fifth-offense DUI in a lower court, this Montana man and his lawyer took the case to the Court of Appeals. They claimed that the Montana Highway Patrol trooper who pulled him over should not have been allowed to testify about the suspect's eye movements. They also provided an argument that this case should not be referred to as a felony trial. Thankfully for this man, he was able to avoid the felony charge for five DUIs. This is because his previous convictions were in 2005, 1998, 1996, and 1995.

This is one case where a washout period proved a benefit to the defendant. Every state has a different washout period that they use to determine whether or not a person's offense should be heightened because of previous DUIs. Some states will keep a person's first DUI in the books for a long time, where other governments may be gracious enough to erase the mark after a few years. In California, for example, the washout period is 10 years. If a person can stay clean during that time, the original DUI is eradicated. If you are convicted of drunk driving, you will want to know your state's policy on washout periods. It is important that you adhere to this policy and stay away from alcohol while out on the road. If you can keep from obtaining another DUI, time may erase your previous offense. This can possibly lower your insurance, and take the mark off of your record. Talk to your DUI lawyer about the washout period in your state when you are discussing your case.