A first DUI sentence can include jail time, but usually it can be avoided. Technically, the DUI sentence can include zero to 6 months of jail, but realistically actual custody is rare with a first offense. There are alternatives to custody often used in a first DUI sentence like public work (Cal Trans trash pick up) in lieu of custody or possibly volunteer work if you are elderly or have a medical condition that would prohibit public work. Sometimes cases can be resolved with probation just fines and a DUI program, no work or jail. There are many factors to be considered and utuilized to try to avoid public work as well as custody and get lesser charges or penalties.