Criminal Defense Attorney Clarke Dummit relates a past case that illustrates possible jail time for a first-time DWI and how he used mitigating factors to reduce the sentence. Mitigating factors would include a clean driving record, being stopped for something minor like a tag light instead of a moving violation, and completing an alcohol assessment before going to court. Even with these mitigating factors, there will still be fines, community service, alcohol classes, license revocation, probation, and maybe even a suspended sentence. But it is unlikely unless there are also aggravating factors like children in the car, that there will be jail time for a first-time DWI offense.