Will you go to jail for a first DWI offense? Since a DWI is a Class 1 Misdemeanor in Virginia, the court can sentence you to a year in jail. This maximum sentence is unusual. For standard first DWIs without aggravating factors (criminal history, excessive intoxication, dangerous behavior), the court is more focused on programs such as VASAP and a suspended license rather than active jail time. You may serve some jail time if there are aggravating factors in your case. Each prosecutor may also handle these cases differently.
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