Each DUI/DWI case is unique. Generally, many aspects come into play including the policies of specific prosecutor’s office (as well as prosecutors), the facts of the DUI/DWI, the discretion of the specific judge presiding over your case and the input/position of the law enforcement office involved. Specifically, the Loudoun County Commonwealth’s Attorney Office (as a matter of policy) usually seeks active jail time even on a first time driving under the influence charge (even where the accused has a spotless record). However, in a worst case scenario, we have been successful in negotiating community service in lieu of active jail time.