2006 Code of Virginia § 46.2-341.28 - Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior convictio...

46.2-341.28. Penalty for driving commercial motor vehicle whileintoxicated; subsequent offense; prior conviction.

Any person violating any provision of subsection A of 46.2-341.24 shall beguilty of a Class 1 misdemeanor.

Any person convicted of a second offense committed within less than fiveyears after a first offense under subsection A of 46.2-341.24 shall bepunishable by a fine of not less than $200 nor more than $2,500 and byconfinement in jail for not less than one month nor more than one year. Fivedays of such confinement shall be a mandatory minimum sentence. Any personconvicted of a second offense committed within a period of five to 10 yearsof a first offense under subsection A of 46.2-341.24 shall be punishable bya fine of not less than $200 nor more than $2,500 and by confinement in jailfor not less than one month nor more than one year. Any person convicted of athird offense or subsequent offense committed within 10 years of an offenseunder subsection A of 46.2-341.24 shall be punishable by a fine of not lessthan $500 nor more than $2,500 and by confinement in jail for not less thantwo months nor more than one year. Thirty days of such confinement shall be amandatory minimum sentence if the third or subsequent offense occurs withinless than five years. Ten days of such confinement shall be a mandatoryminimum sentence if the third or subsequent offense occurs within a period offive to 10 years of a first offense.

For the purposes of this section a conviction or finding of not innocent inthe case of a juvenile under (i) 18.2-51.4 or 18.2-266, (ii) theordinance of any county, city or town in this Commonwealth substantiallysimilar to the provisions of 18.2-51.4 or 18.2-266, (iii) subsection A of 46.2-341.24, or (iv) the laws of any other state substantially similar tothe provisions of 18.2-51.4, 18.2-266 or subsection A of 46.2-341.24,shall be considered a prior conviction.

(1989, c. 705, 46.1-372.27; 1993, c. 673; 1997, c. 691; 2000, cc. 958, 980;2004, c. 461.)

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