                                 CODE OF VIRGINIA

PENALTY FOR DRIVING WHILE INTOXICATED; SUBSEQUENT OFFENSE; PRIOR CONVICTION (§
18.2-270)

A. Except as otherwise provided herein, any person violating any provision of
&#xA7; 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory
minimum fine of $250. If the person&#8217;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. 1. Any person convicted of a second offense committed within less than five
years after 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 nor more than one year. Twenty
days of such confinement shall be a mandatory minimum sentence.

   2. Any person convicted of a second offense committed within a period of five
   to 10 years of a prior offense under &#xA7; 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. Upon conviction of a second offense within 10 years of a prior offense, if
   the person&#8217;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. 1. Any person convicted of three offenses of § 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 § 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. A person who has been convicted of &#xA7; 18.2-36.1, 18.2-36.2, 18.2-51.4,
   18.2-51.5, or a felony violation of &#xA7; 18.2-266 shall upon conviction of a
   subsequent violation of &#xA7; 18.2-266 be guilty of a Class 6 felony. The
   punishment of any person convicted of such a subsequent violation of &#xA7;
   18.2-266 shall include a mandatory minimum term of imprisonment of one year
   and a mandatory minimum fine of $1,000.

   3. The punishment of any person convicted of a fourth or subsequent offense of
   &#xA7; 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. The vehicle solely owned and operated by the accused during the commission
   of a felony violation of &#xA7; 18.2-266 shall be subject to seizure and
   forfeiture. After an arrest for a felony violation of &#xA7; 18.2-266, the
   Commonwealth may file an information in accordance with &#xA7; 19.2-386.34.

D. In addition to the penalty otherwise authorized by this section or &#xA7;
16.1-278.9, any person convicted of a violation of &#xA7; 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. 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 &#xA7; 18.2-266: (i) the provisions of
&#xA7; 18.2-36.1 or the substantially similar laws of any other state or of the
United States, (ii) the provisions of &#xA7;&#xA7; 18.2-51.4, 18.2-266, former
&#xA7; 18.1-54 (formerly &#xA7; 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 &#xA7; 18.2-51.4, or &#xA7; 18.2-266,
or (iii) the provisions of subsection A of &#xA7; 46.2-341.24 or the
substantially similar laws of any other state or of the United States.

F. 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.

HISTORY: Code 1950, § 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.