If caught for DUI and it is your first offense, jail time will most likely not be in your sentence, unless the DUI you were caught for was quite severe. Depending on what state you are in, getting a second DUI you will most likely go to jail. To enhance your chance to go to jail for DUI, you could be driving twenty to thirty miles over the speed limit, there could be a child in the car, if your blood alcohol content is more than .20, your age (if twenty-one), and if there is any outcome such as an accident around you, because of your DUI.