{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.28.html"}],"law_id":75919,"edition_id":1,"section_id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","history":"1989, c. 705, \u00a7 46.1-372.27; 1993, c. 673; 1997, c. 691; 2000, cc. 958, 980; 2004, c. 461; 2017, c. 286.","full_text":"A\n\nExcept as otherwise provided herein, any person violating any provision of subsection A of § 46.2-341.24 is 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 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 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) was more than 0.20, he shall be confined in jail 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 subsection A of \u00a7 46.2-341.24 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 subsection A of § 46.2-341.24 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) was more than 0.20, he shall be confined 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 under subsection A of \u00a7 46.2-341.24 within a 10-year period is upon conviction of the third offense guilty of a Class 6 felony. The sentence of any person convicted of three offenses under subsection A of \u00a7 46.2-341.24 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\nAny person who has been convicted of a violation of § 18.2-36.1, 18.2-36.2, 18.2-51.4, or 18.2-51.5 or a felony violation under subsection A of § 46.2-341.24 is upon conviction of a subsequent violation under subsection A of § 46.2-341.24 guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation under subsection A of § 46.2-341.24 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 under subsection A of § 46.2-341.24 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.D\n\nIn addition to the penalty otherwise authorized by this section, any person convicted of a violation of subsection A of § 46.2-341.24 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, a conviction of any person or finding of not innocent in the case of a juvenile under the following shall be considered a conviction under subsection A of § 46.2-341.24: (i) § 18.2-36.1, 18.2-51.4, or 18.2-266, former § 18.1-54 (formerly § 18-75), or subsection A of § 46.2-341.24; (ii) the ordinance of any county, city, or town in the Commonwealth substantially similar to the provisions of any offense listed in clause (i); or (iii) the laws of any other state or of the United States substantially similar to the provisions of any offense listed in clause (i).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":272567,"text":"Except as otherwise provided herein, any person violating any provision of subsection A of § 46.2-341.24 is 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 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 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) was more than 0.20, he shall be confined in jail 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":272568,"text":"1. Any person convicted of a second offense committed within less than five years after a prior offense under subsection A of \u00a7 46.2-341.24 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":272569,"text":"Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under subsection A of § 46.2-341.24 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":272570,"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) was more than 0.20, he shall be confined 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":272571,"text":"1. Any person convicted of three offenses under subsection A of \u00a7 46.2-341.24 within a 10-year period is upon conviction of the third offense guilty of a Class 6 felony. The sentence of any person convicted of three offenses under subsection A of \u00a7 46.2-341.24 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":272572,"text":"Any person who has been convicted of a violation of § 18.2-36.1, 18.2-36.2, 18.2-51.4, or 18.2-51.5 or a felony violation under subsection A of § 46.2-341.24 is upon conviction of a subsequent violation under subsection A of § 46.2-341.24 guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation under subsection A of § 46.2-341.24 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":272573,"text":"The punishment of any person convicted of a fourth or subsequent offense under subsection A of § 46.2-341.24 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":"D"},"7":{"id":272574,"text":"In addition to the penalty otherwise authorized by this section, any person convicted of a violation of subsection A of § 46.2-341.24 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":"C3","next_prefix":"E"},"8":{"id":272575,"text":"For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, a conviction of any person or finding of not innocent in the case of a juvenile under the following shall be considered a conviction under subsection A of § 46.2-341.24: (i) § 18.2-36.1, 18.2-51.4, or 18.2-266, former § 18.1-54 (formerly § 18-75), or subsection A of § 46.2-341.24; (ii) the ordinance of any county, city, or town in the Commonwealth substantially similar to the provisions of any offense listed in clause (i); or (iii) the laws of any other state or of the United States substantially similar to the provisions of any offense listed in clause (i).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":272576,"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":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},"next_section":{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.28\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 705 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1993, chapter 673; in 1997, chapter 691<\/a>; in 2000, chapters 958<\/a> and 980<\/a>; in 2004, chapter 461<\/a>; in 2017, chapter 286<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"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":226797,"object_type":"law","relational_id":75919,"identifier":"46.2-341.28","token":"46.2\/II\/3\/6.1\/46.2-341.28","url":"\/46.2-341.28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","dublin_core":{"Title":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided herein, any person<\/span> violating any provision of subsection A of § 46.2-341.24<\/a> is guilty of a Class 1 misdemeanor<\/span> with a mandatory minimum fine of $250. If the person<\/span>’s blood alcohol level as indicated by the chemical test 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<\/span> who is the source of the blood and 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) was more than 0.20, he shall be confined in jail 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<\/span> convicted of a second offense<\/span> committed within less than five years after a prior offense<\/span> under subsection A of \u00a7 46.2-341.24<\/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<\/span> convicted of a second offense<\/span> committed within a period of five to 10 years of a prior offense<\/span> under subsection A of § 46.2-341.24<\/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<\/span>’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<\/span> 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) was more than 0.20, he shall be confined for an additional mandatory minimum period of 20 days. In addition, such person<\/span> 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<\/span> convicted of three offenses<\/span> under subsection A of \u00a7 46.2-341.24<\/a> within a 10-year period is upon conviction<\/span> of the third offense<\/span> guilty of a Class 6 felony<\/span>. The sentence of any person<\/span> convicted of three offenses<\/span> under subsection A of \u00a7 46.2-341.24<\/a> 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<\/span> shall be fined a mandatory minimum fine of $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> who has been convicted of a violation of § 18.2-36.1<\/a>, 18.2-36.2<\/a>, 18.2-51.4<\/a>, or 18.2-51.5<\/a> or a felony<\/span> violation under subsection A of § 46.2-341.24<\/a> is upon conviction<\/span> of a subsequent violation under subsection A of § 46.2-341.24<\/a> guilty of a Class 6 felony<\/span>. The punishment of any person<\/span> convicted of such a subsequent violation under subsection A of § 46.2-341.24<\/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<\/span> convicted of a fourth or subsequent offense<\/span> under subsection A of § 46.2-341.24<\/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<\/span> shall be fined a mandatory minimum fine of $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to the penalty<\/span> otherwise authorized by this section, any person<\/span> convicted of a violation of subsection A of § 46.2-341.24<\/a> committed while transporting a person<\/span> 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<\/span> under this section, a conviction<\/span> of any person<\/span> or finding<\/span> of not innocent in the case of a juvenile under the following shall be considered a conviction<\/span> under subsection A of § 46.2-341.24<\/a>: (i) § 18.2-36.1<\/a>, 18.2-51.4<\/a>, or 18.2-266<\/a>, former § 18.1-54 (formerly § 18-75), or subsection A of § 46.2-341.24<\/a>; (ii) the ordinance<\/span> of any county, city, or town in the Commonwealth substantially similar to the provisions of any offense<\/span> listed in clause (i); or (iii) the laws<\/span> of any other state<\/span> or of the United States<\/span> substantially similar to the provisions of any offense<\/span> listed in clause (i). <\/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 COMMERCIAL MOTOR VEHICLE WHILE INTOXICATED; SUBSEQUENT\nOFFENSE; PRIOR CONVICTION (\u00a7 46.2-341.28)\n\nA. Except as otherwise provided herein, any person violating any provision of\nsubsection A of § 46.2-341.24 is guilty of a Class 1 misdemeanor with a\nmandatory minimum fine of $250. If the person’s blood alcohol level as\nindicated by the chemical test 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 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) was more than 0.20, he shall be confined in jail for\nan additional mandatory 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 subsection A of \u00a7 46.2-341.24 shall upon\nconviction of the second offense be punished by a mandatory minimum fine of $500\nand by confinement in jail for not less than one month nor more than one year.\nTwenty days 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 subsection A of § 46.2-341.24 shall\n upon conviction of the second offense be punished by a mandatory minimum fine\n of $500 and by confinement in jail for not less than one month. Ten days of\n such confinement 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) was more than 0.20, he shall be confined for an additional\n mandatory minimum period of 20 days. In addition, such person shall be fined a\n mandatory minimum fine of $500.\n\nC. 1. Any person convicted of three offenses under subsection A of \u00a7\n46.2-341.24 within a 10-year period is upon conviction of the third offense\nguilty of a Class 6 felony. The sentence of any person convicted of three\noffenses under subsection A of \u00a7 46.2-341.24 shall include a mandatory minimum\nsentence of 90 days, unless the three offenses were committed within a five-year\nperiod, in which 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. Any person who has been convicted of a violation of § 18.2-36.1,\n 18.2-36.2, 18.2-51.4, or 18.2-51.5 or a felony violation under subsection A of\n § 46.2-341.24 is upon conviction of a subsequent violation under\n subsection A of § 46.2-341.24 guilty of a Class 6 felony. The punishment\n of any person convicted of such a subsequent violation under subsection A of\n § 46.2-341.24 shall include a mandatory minimum term of imprisonment of\n one year and a mandatory minimum fine of $1,000.\n\n 3. The punishment of any person convicted of a fourth or subsequent offense\n under subsection A of § 46.2-341.24 committed within a 10-year period\n shall, upon conviction, include a mandatory minimum term of imprisonment of\n one year. In addition, such person shall be fined a mandatory minimum fine of\n $1,000.\n\nD. In addition to the penalty otherwise authorized by this section, any person\nconvicted of a violation of subsection A of § 46.2-341.24 committed while\ntransporting 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, a conviction of any\nperson or finding of not innocent in the case of a juvenile under the following\nshall be considered a conviction under subsection A of § 46.2-341.24: (i)\n§ 18.2-36.1, 18.2-51.4, or 18.2-266, former § 18.1-54 (formerly §\n18-75), or subsection A of § 46.2-341.24; (ii) the ordinance of any county,\ncity, or town in the Commonwealth substantially similar to the provisions of any\noffense listed in clause (i); or (iii) the laws of any other state or of the\nUnited States substantially similar to the provisions of any offense listed in\nclause (i).\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: 1989, c. 705, \u00a7 46.1-372.27; 1993, c. 673; 1997, c. 691; 2000, cc.\n958, 980; 2004, c. 461; 2017, c. 286.","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}}