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2013 SESSION

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HB 1559 DUI; any person convicted of subsequent offense is guilty of Class 6 felony, etc.

Introduced by: Rick L. Morris | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Felony DUI; penalty. Provides that any person convicted of a felony DUI offense (including DUI manslaughter and DUI maiming, by motor vehicle or watercraft) is guilty of a Class 6 felony for any subsequent DUI conviction, that punishment includes a mandatory minimum term of imprisonment of one year, and the person is subject to the same driver's license revocation provision as for a third or subsequent DUI conviction within 10 years, which means that the person can petition for reinstatement of his driver's license five years after the date of his last conviction. This bill is identical to SB 1272.

SUMMARY AS PASSED HOUSE:

Fourth or subsequent DUI. Provides that any person convicted of an offense of § 18.2-266 (DUI) after having been convicted of a previous DUI or DUI-related offense is guilty of a Class 6 felony and that punishment shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. Under current law, penalties are the same but the offenses must occur within a 10-year period.

SUMMARY AS INTRODUCED:

Fourth or subsequent DUI. Provides that any person convicted of a fourth or subsequent offense of § 18.2-266 (DUI) within any time period is guilty of a Class 6 felony and that punishment shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. Under current law, penalties are the same but the offenses must occur within a 10-year period.