Maybe.  If you are eventually convicted of a DUI / DWI in Virginia, you may or may not be sentenced to serve time in a local jail or a state prison - it just depends on the specific facts and circumstances of your particular case.  Some DUI / DWI offenses in Virginia have mandatory jail/prison sentences, while others do not.  In addition, many DUI / DWI cases involve aggravated facts and circumstances that are so bad that you could end up being incarcerated by a judge or jury - even though Virginia DUI / DWI law doesn't require it.

Virginia DUI / DWI offenses involving specific facts and circumstances have mandatory minimum jail/prison sentences.  If you are convicted of a DUI / DWI with the following aggravating factors, your jail sentence can be no shorter than listed below, but it can be longer - all the way up to the maximum punishments allowed.

• Breath or blood test results of 0.15 or more.....................5 days
• Transporting a passenger 17 years of age or younger.......... 5 days
• 2^nd offense within 5 to 10 years.................................10 days
• 2^nd offense within 5 years.........................................20 days
• 3^rd offense within 5 to 10 years...................................90 days
• 3^rd offense within 5 years......................................... 6 months
• 4^th, etc.offense within 10 years.....................................1 year