There are times when you can plead and receive lesser penalties for felonies; sometimes time between charges and convictions can play a role, too. If you’re accused of driving under the influence, for instance, you may be able to receive a lesser penalty if it’s been 10 years or longer since your last charge or argue that your last offense was so long ago that it could not be applied to the offense today.

That may have been what helped this man, a man from Aurora that has pleaded guilty to his sixth driving under the influence charge. According to the Aug. 10 news, the 54-year-old man has received only probation, even though he already had five previous convictions.

The incident leading up to his arrest took place when police stopped him for driving erratically in his pickup truck. He was arrested on suspicion of drunk driving after he failed sobriety tests at around 2:30 a.m.

When his blood alcohol concentration came back, it was 0.235, which is around three times the legal limit. The man pleaded guilty, and he was facing up to four years in prison based on his history of drunk driving.

Despite this, the judge determined that he should receive five years on probation and have to commit to 75 hours of community service. The prosecution pointed out their fears about not having a minimum sentence for drunk drivers in the state, however, this man may have had time working in his favor. His last arrest was in 1999, when he served a sentence for a felony DUI.

Source: FOX 31 Denver, “Aurora man pleads guilty to sixth DUI, sentenced to probation,” Chuck Hickey, Keagan Harsha, Aug. 09, 2016