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2004 SESSION
040212232Be it enacted by the General Assembly of Virginia:
1. That § 18.2-270 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction.
A. Except as otherwise provided herein, any person violating any provision of §
18.2-266 shall be guilty of a Class 1 misdemeanor. If the person's blood
alcohol level as indicated by the chemical test administered as provided in this
article was at least 0.12 but less than 0.15, he shall be confined in jail for an
additional mandatory minimum period of two days. If the person's blood alcohol
level as indicated by the chemical test administered as provided in this article was
at least 0.20 0.15, but not more than 0.25 0.20, he shall be confined in jail
for an additional mandatory, minimum period of five days or, if the level was more
than 0.25 0.20, for an additional mandatory, minimum period of 10 days.
The additional mandatory, minimum period of confinement shall not be suspended
by the court. In addition, such person shall be fined a mandatory, minimum fine
of $250, which shall not be suspended by the court.
B. 1. Any person convicted of a second offense committed within less than five
years after a first offense under § 18.2-266 shall upon conviction of the
second offense be punished by a mandatory, minimum fine of $500, which shall
not be suspended by the court, and by confinement in jail for not less than one month nor
more than one year. Five days of such confinement shall be a mandatory, minimum
sentence not subject to suspension by the court.
2. Any person convicted of a second offense committed within a period of five
to ten years of a first offense under § 18.2-266 shall upon conviction of the
second offense be punished by a mandatory, minimum fine of $500, which shall
not be suspended by the court, and by confinement in jail for not less than one month.
3. Upon conviction of a second offense within 10 years of a first offense, if
the person's blood alcohol level as indicated by the chemical test administered
as provided in this article was at least 0.20 0.15, but not more than 0.25
0.20, he shall be confined in jail for an additional minimum,
mandatory period of 10 days or, if the level was more than 0.25 0.20, for an
additional mandatory, minimum period of 20 days. The additional mandatory,
minimum period of confinement shall not be suspended by the court. In addition, such person shall be
fined a mandatory, minimum fine of $500, which shall not be suspended by the
court.
C. Any person convicted of three or more 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, and the sentence shall include a mandatory, minimum sentence of
confinement for 10 days that shall not be subject to suspension by the court.
In addition, such person shall be fined a mandatory, minimum fine of $1,000,
which shall not be suspended by the court. Any person convicted of a third
offense committed within five years of an offense under § 18.2-266 shall upon
conviction of the third offense be guilty of a Class 6 felony, and the sentence
shall include a mandatory, minimum sentence of confinement for 30 days that shall
not be subject to suspension by the court. In addition, such person shall be
fined a mandatory, minimum fine of $1,000, which shall not be suspended by the
court. [ Additionally, the vehicle operated by any person convicted of a third
or subsequent offense within 10 years shall be seized and forfeited in the jurisdiction
where such offense occurred in accordance with the procedures set forth in §
4.1-339 et seq., mutatis mutandis. ] The punishment of any person convicted of
a fourth or subsequent offense committed within a 10-year period shall, upon
conviction, include a mandatory, minimum term of imprisonment of one year, none
of which may be suspended in whole or in part. In addition, such person shall
be fined a mandatory, minimum fine of $1,000, which shall not be suspended by
the court. Unless otherwise modified by the court, the defendant shall remain
on probation and under the terms of any suspended sentence for the same period
as his operator's license was suspended, not to exceed three years.
D. 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 $1000 and (ii) sentenced to a mandatory,
minimum period of confinement of five days.
E. For the purpose of 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 prior conviction: (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, and 18.2-266 through 18.2-269, 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.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $________for periods of imprisonment in state adult correctional facilities and is $________ for periods of commitment to the custody of the Department of Juvenile Justice.