Will I have to serve jail time for my DUI / DWI?

Question:

After drinking two glasses of wine at a party and then driving home, I was recently arrested for driving under the influence (DUI), my first one. Will I have to spend any time in jail?

Answer:

The DUI / DWI laws vary from state to state, but most states don't require jail time for a first DUI / DWI offense. But almost all states require that a driver who gets a second DUI / DWI conviction serve jail time and, in many states, a third DUI / DWI conviction can lead to three or more months in jail. To look up whether jail time is required in your state, see Nolo's DUI/DWI in Your State articles.