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Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
984336728Be 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.
Any person violating any provision of § 18.2-266 shall for a first or second offense be guilty of a Class 1 misdemeanor.
Any person convicted of a A second offense committed
within less than five years after a first offense under § 18.2-266 shall
be punishable by a fine of not less than $200 nor more than $2,500 and by
confinement in jail for not less than one month nor more than one year.
Forty-eight hours of such confinement shall be a mandatory, minimum sentence
not subject to suspension by the court. Any person convicted of
aA second offense committed within a period of five to ten
years of a first offense under § 18.2-266 shall be punishable by a fine of
not less than $200 nor more than $2,500 and by confinement in jail for not less
than one month nor more than one year.
Any person convicted of a third offense or subsequent offense committed within
ten years of an offense under § 18.2-266 shall be punishable
by a fine of not less than $500 nor more than $2,500 and
by confinement in jail for not less than two
months nor more than one yearguilty of a Class 6
felony. The penalty for this offense shall include
confinement for not less than two months. Thirty days of such confinement
shall be a mandatory, minimum sentence not subject to suspension by the court
if the third or subsequent offense occurs within less than five years. Ten days
of such confinement shall be a mandatory, minimum sentence not subject to
suspension by the court if the third or subsequent offense occurs within a
period of five to ten years of a first offense.
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 seventeen years of age or younger shall be (i)
fined an additional minimum of $100 and not more than $500 and (ii) sentenced
to perform forty hours of community service in a program
benefittingbenefiting children or, for a
subsequent offense, eighty hours of community service in such a program.
For the purpose of this section a conviction or finding of guilty in the case
of a juvenile under the following shall be considered a prior conviction: (i)
the provisions of § 18.2-51.4, § 18.2-266, former §
18.1-54 (formerly § 18-75), § 18.2-266, 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 (ii) 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 in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $381,400 in FY 2008.