Michigan Injuries

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Definition

washout period

Insurance companies and defense lawyers sometimes use this phrase to suggest that an older violation, claim, or medical event should no longer matter - or, in other situations, to argue that it still falls inside a counting window and can be used against someone. What it really means is a set period of time after an earlier event during which that event continues to count for legal, licensing, sentencing, or underwriting purposes. Once that period passes, the older event may no longer trigger enhanced consequences. A washout period is not the same as expungement, and it does not automatically erase a record.

In practice, the exact effect depends on the rule involved. In DUI and licensing matters, a prior alcohol-related driving offense may count toward repeat-offender penalties, license suspension, or revocation only if it falls within the applicable lookback period. In Michigan, drunk-driving consequences under the Michigan Vehicle Code were tightened by 2006 Public Act 564, effective in 2007. A second OWI within 7 years and a third within a lifetime can trigger much harsher criminal and Secretary of State consequences, so the idea of a simple "washout" is limited.

That matters in injury and insurance disputes because timing can change coverage decisions, settlement value, and how a person's driving history is framed. A washout period can affect whether a prior event is treated as current risk, a repeat offense, or background that no longer carries the same legal weight.

by Christine Pawlowski on 2026-03-26

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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