In Texas, first time DWI offenders can expect to face a mandatory 72 hours of jail time, which can be suspended for time serviced in exchange for one year of probation and 24 to 40 hours of community service. But that approach is not taken in every state.

As a recent USA Today article shows, the way first time DWI penalties are meted out varies from state to state. Of course, each state considers drunk driving to be a serious problem which needs to be dealt with, but there is less agreement about what is the most effective way of handling the problem.

Like Texas, some states impose mandatory jail time for first time DWI offenders. Some impose one day, some two, and some three. Alaska, Tennessee and Georgia, among others, take that approach. Other states give the judge discretion whether to impose jail time. Some states are surprisingly more lenient, such as Wisconsin, where a first time DWI conviction is not even considered a crime, but rather a civil infraction for which the offender is ticketed.

There is some amount of disagreement about whether jail time is the best approach to take in combating DWI. Research suggests that imposing jail time may not necessarily be the most effective approach. Using ignition interlock devices, on the other hand, may be a more effective approach. Research does show that jail time can be effective in preventing recidivism, but more when it is used to deter offenders from disobeying orders for probation, treatment, alcohol testing, and community service.

Source: USA Today, "Drunken driving penalties could depend on your location," Emily Brown, 28 July 2011.