{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-270.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-270.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-270.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-270.html"}],"law_id":75350,"edition_id":1,"section_id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","history":"Code 1950, \u00a7 18.1-58; 1960, c. 358; 1962, c. 302; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1989, c. 705; 1991, cc. 370, 710; 1992, c. 891; 1993, c. 972; 1997, c. 691; 1999, cc. 743, 945, 949, 987; 2000, cc. 784, 956, 958, 980, 982; 2002, c. 759; 2003, cc. 573, 591; 2004, cc. 461, 937, 946, 950, 957, 958, 962; 2006, cc. 82, 314; 2009, c. 229; 2012, cc. 283, 756; 2013, cc. 415, 655; 2014, c. 707.","full_text":"A\n\nExcept as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.B\n\n1. Any person convicted of a second offense committed within less than five years after a prior offense under \u00a7 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.2\n\nAny person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.3\n\nUpon conviction of a second offense within 10 years of a prior offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.C\n\n1. Any person convicted of three offenses of \u00a7 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of \u00a7 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.2\n\nA person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.3\n\nThe punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.4\n\nThe vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.D\n\nIn addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.E\n\nFor the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.F\n\nMandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.","order_by":null,"text":{"0":{"id":270484,"text":"Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270485,"text":"1. Any person convicted of a second offense committed within less than five years after a prior offense under \u00a7 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":270486,"text":"Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":270487,"text":"Upon conviction of a second offense within 10 years of a prior offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"4":{"id":270488,"text":"1. Any person convicted of three offenses of \u00a7 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of \u00a7 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"C2"},"5":{"id":270489,"text":"A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"6":{"id":270490,"text":"The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"7":{"id":270491,"text":"The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"8":{"id":270492,"text":"In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"9":{"id":270493,"text":"For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":270494,"text":"Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},{"id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","metadata":false},{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},{"id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","metadata":false},{"id":77586,"structure_id":13849,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","url":"\/18.2-268.10\/","token":"18.2\/7\/2\/18.2-268.10","metadata":false},{"id":60331,"structure_id":13849,"section_number":"18.2-268.11","catch_line":"Substantial compliance","url":"\/18.2-268.11\/","token":"18.2\/7\/2\/18.2-268.11","metadata":false},{"id":55454,"structure_id":13849,"section_number":"18.2-268.12","catch_line":"Ordinances","url":"\/18.2-268.12\/","token":"18.2\/7\/2\/18.2-268.12","metadata":false},{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},{"id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","metadata":false},{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},{"id":75295,"structure_id":13849,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","url":"\/18.2-268.5\/","token":"18.2\/7\/2\/18.2-268.5","metadata":false},{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},{"id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","metadata":false},{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},{"id":72188,"structure_id":13849,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},"next_section":{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-270\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1962, chapter 302; in 1975, chapters 14 and 15; in 1982, chapter 301; in 1983, chapter 504; in 1989, chapter 705; in 1991, chapters 370 and 710; in 1992, chapter 891; in 1993, chapter 972; in 1997, chapter 691<\/a>; in 1999, chapters 743<\/a>, 945<\/a>, 949<\/a>, and 987<\/a>; in 2000, chapters 784<\/a>, 956<\/a>, 958<\/a>, 980<\/a>, and 982<\/a>; in 2002, chapter 759<\/a>; in 2003, chapters 573<\/a> and 591<\/a>; in 2004, chapters 461<\/a>, 937<\/a>, 946<\/a>, 950<\/a>, 957<\/a>, 958<\/a>, and 962<\/a>; in 2006, chapters 82<\/a> and 314<\/a>; in 2009, chapter 229<\/a>; in 2012, chapters 283<\/a> and 756<\/a>; in 2013, chapters 415<\/a> and 655<\/a>; in 2014, chapter 707<\/a>.<\/p>","references":[{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":64969,"section_number":"46.2-1190.3","catch_line":"Instructor qualifications","order_by":null,"url":"\/46.2-1190.3\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"}],"refers_to":[{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":71114,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","order_by":null,"url":"\/18.2-51.5\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"}],"permalink":{"id":166893,"object_type":"law","relational_id":75350,"identifier":"18.2-270","token":"18.2\/7\/2\/18.2-270","url":"\/18.2-270\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","dublin_core":{"Title":"Penalty for driving while intoxicated; subsequent offense; prior conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-270","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided herein, any person violating any provision of § 18.2-266<\/a> shall be guilty of a Class 1 misdemeanor<\/span> with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Any person convicted of a second offense<\/span> committed within less than five years after a prior offense<\/span> under \u00a7 18.2-266<\/a> shall upon conviction<\/span> of the second offense<\/span> be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person convicted of a second offense<\/span> committed within a period of five to 10 years of a prior offense<\/span> under § 18.2-266<\/a> shall upon conviction<\/span> of the second offense<\/span> be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon conviction<\/span> of a second offense<\/span> within 10 years of a prior offense<\/span>, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Any person convicted of three offenses<\/span> of \u00a7 18.2-266<\/a> committed within a 10-year period shall upon conviction<\/span> of the third offense<\/span> be guilty of a Class 6 felony<\/span>. The sentence of any person convicted of three offenses<\/span> of \u00a7 18.2-266<\/a> committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses<\/span> were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A person who has been convicted of § 18.2-36.1<\/a>, 18.2-36.2<\/a>, 18.2-51.4<\/a>, 18.2-51.5<\/a>, or a felony<\/span> violation of § 18.2-266<\/a> shall upon conviction<\/span> of a subsequent violation of § 18.2-266<\/a> be guilty of a Class 6 felony<\/span>. The punishment of any person convicted of such a subsequent violation of § 18.2-266<\/a> shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The punishment of any person convicted of a fourth or subsequent offense<\/span> of § 18.2-266<\/a> committed within a 10-year period shall, upon conviction<\/span>, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The vehicle solely owned and operated by the accused<\/span> during the commission of a felony<\/span> violation of § 18.2-266<\/a> shall be subject to seizure and forfeiture. After an arrest<\/span> for a felony<\/span> violation of § 18.2-266<\/a>, the Commonwealth may file an information in accordance with § 19.2-386.34<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to the penalty<\/span> otherwise authorized by this section or § 16.1-278.9<\/a>, any person convicted of a violation of § 18.2-266<\/a> committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For the purpose of determining the number of offenses<\/span> committed by, and the punishment appropriate for, a person under this section, an adult conviction<\/span> of any person, or finding<\/span> of guilty in the case of a juvenile, under the following shall be considered a conviction<\/span> of § 18.2-266<\/a>: (i) the provisions of § 18.2-36.1<\/a> or the substantially similar laws<\/span> of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4<\/a>, 18.2-266<\/a>, former § 18.1-54 (formerly § 18-75), the ordinance<\/span> of any county, city or town in this Commonwealth or the laws<\/span> of any other state or of the United States substantially similar to the provisions of § 18.2-51.4<\/a>, or § 18.2-266<\/a>, or (iii) the provisions of subsection A of § 46.2-341.24<\/a> or the substantially similar laws<\/span> of any other state or of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor<\/span> term of confinement or fine upon conviction<\/span> of a first or second offense<\/span>, or Class 6 felony<\/span> term of confinement or fine upon conviction<\/span> of a third or subsequent offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTY FOR DRIVING WHILE INTOXICATED; SUBSEQUENT OFFENSE; PRIOR CONVICTION (\u00a7\n18.2-270)\n\nA. Except as otherwise provided herein, any person violating any provision of\n§ 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory\nminimum fine of $250. If the person’s blood alcohol level as indicated by\nthe chemical test administered as provided in this article or by any other\nscientifically reliable chemical test performed on whole blood under\ncircumstances reliably establishing the identity of the person who is the source\nof the blood and the accuracy of the results (i) was at least 0.15, but not more\nthan 0.20, he shall be confined in jail for an additional mandatory minimum\nperiod of five days or, (ii) if the level was more than 0.20, for an additional\nmandatory minimum period of 10 days.\n\nB. 1. Any person convicted of a second offense committed within less than five\nyears after a prior offense under \u00a7 18.2-266 shall upon conviction of the\nsecond offense be punished by a mandatory minimum fine of $500 and by\nconfinement in jail for not less than one month nor more than one year. Twenty\ndays of such confinement shall be a mandatory minimum sentence.\n\n 2. Any person convicted of a second offense committed within a period of five\n to 10 years of a prior offense under § 18.2-266 shall upon conviction of\n the second offense be punished by a mandatory minimum fine of $500 and by\n confinement in jail for not less than one month. Ten days of such confinement\n shall be a mandatory minimum sentence.\n\n 3. Upon conviction of a second offense within 10 years of a prior offense, if\n the person’s blood alcohol level as indicated by the chemical test\n administered as provided in this article or by any other scientifically\n reliable chemical test performed on whole blood under circumstances reliably\n establishing the identity of the person who is the source of the blood and the\n accuracy of the results (i) was at least 0.15, but not more than 0.20, he\n shall be confined in jail for an additional mandatory minimum period of 10\n days or, (ii) if the level was more than 0.20, for an additional mandatory\n minimum period of 20 days. In addition, such person shall be fined a mandatory\n minimum fine of $500.\n\nC. 1. Any person convicted of three offenses of \u00a7 18.2-266 committed within a\n10-year period shall upon conviction of the third offense be guilty of a Class 6\nfelony. The sentence of any person convicted of three offenses of \u00a7 18.2-266\ncommitted within a 10-year period shall include a mandatory minimum sentence of\n90 days, unless the three offenses were committed within a five-year period, in\nwhich case the sentence shall include a mandatory minimum sentence of\nconfinement for six months. In addition, such person shall be fined a mandatory\nminimum fine of $1,000.\n\n 2. A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4,\n 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a\n subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The\n punishment of any person convicted of such a subsequent violation of §\n 18.2-266 shall include a mandatory minimum term of imprisonment of one year\n and a mandatory minimum fine of $1,000.\n\n 3. The punishment of any person convicted of a fourth or subsequent offense of\n § 18.2-266 committed within a 10-year period shall, upon conviction,\n include a mandatory minimum term of imprisonment of one year. In addition,\n such person shall be fined a mandatory minimum fine of $1,000.\n\n 4. The vehicle solely owned and operated by the accused during the commission\n of a felony violation of § 18.2-266 shall be subject to seizure and\n forfeiture. After an arrest for a felony violation of § 18.2-266, the\n Commonwealth may file an information in accordance with § 19.2-386.34.\n\nD. In addition to the penalty otherwise authorized by this section or §\n16.1-278.9, any person convicted of a violation of § 18.2-266 committed\nwhile transporting a person 17 years of age or younger shall be (i) fined an\nadditional minimum of $500 and not more than $1,000 and (ii) sentenced to a\nmandatory minimum period of confinement of five days.\n\nE. For the purpose of determining the number of offenses committed by, and the\npunishment appropriate for, a person under this section, an adult conviction of\nany person, or finding of guilty in the case of a juvenile, under the following\nshall be considered a conviction of § 18.2-266: (i) the provisions of\n§ 18.2-36.1 or the substantially similar laws of any other state or of the\nUnited States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former\n§ 18.1-54 (formerly § 18-75), the ordinance of any county, city or\ntown in this Commonwealth or the laws of any other state or of the United States\nsubstantially similar to the provisions of § 18.2-51.4, or § 18.2-266,\nor (iii) the provisions of subsection A of § 46.2-341.24 or the\nsubstantially similar laws of any other state or of the United States.\n\nF. Mandatory minimum punishments imposed pursuant to this section shall be\ncumulative, and mandatory minimum terms of confinement shall be served\nconsecutively. However, in no case shall punishment imposed hereunder exceed the\napplicable statutory maximum Class 1 misdemeanor term of confinement or fine\nupon conviction of a first or second offense, or Class 6 felony term of\nconfinement or fine upon conviction of a third or subsequent offense.\n\nHISTORY: Code 1950, \u00a7 18.1-58; 1960, c. 358; 1962, c. 302; 1975, cc. 14, 15;\n1982, c. 301; 1983, c. 504; 1989, c. 705; 1991, cc. 370, 710; 1992, c. 891;\n1993, c. 972; 1997, c. 691; 1999, cc. 743, 945, 949, 987; 2000, cc. 784, 956,\n958, 980, 982; 2002, c. 759; 2003, cc. 573, 591; 2004, cc. 461, 937, 946, 950,\n957, 958, 962; 2006, cc. 82, 314; 2009, c. 229; 2012, cc. 283, 756; 2013, cc.\n415, 655; 2014, c. 707.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}