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 that would affect sentencing 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 court. Even with these mitigating factors, there will still be fines, community service, alcohol classes, license revocation, probation, 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.