Virginia Code

Va. Code Ann. § 18.2-270 (2026)

Penalty for driving while intoxicated; subsequent offense; prior conviction

✓ current as of May 2026

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A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person'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 § 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'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 § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 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 § 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 § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.

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 $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 § 18.2-266: (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, or § 18.2-266, 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.

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.

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.

Notes of Decisions

Cited in 128 cases (17 in the last 5 years), 1981–2026 · leading case: Williams v. Commonwealth, 576 S.E.2d 468 (Va. 2003).

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Williams v. Commonwealth, 576 S.E.2d 468 (Va. 2003). · cites it 20× “In this appeal, we consider whether the Court of Appeals erred in holding that Code § 18.2-270 permits enhanced punishment for driving under the influence (DUI), third offense, when a defendant was not convicted of his second DUI offense at the time he committed the third…”

Freddie Beckham, III v. Commonwealth of Virginia, 799 S.E.2d 689 (Va. Ct. App. 2017). · cites it 21× “Specifically, Code § 18.2-270, which sets forth the penalty for DUI violations, provides in subsection (C)(1) that “[a]ny person convicted of three offenses of § 18.”

Wimbish v. Commonwealth, 658 S.E.2d 715 (Va. Ct. App. 2008). · cites it 28× “2-266, and the mandatory ten-day jail sentence he received as required by Code § 18.2-270. Wimbish raises two issues on appeal.”

Auer v. Commonwealth, 621 S.E.2d 140 (Va. Ct. App. 2005). · cites it 10× “However, Code § 18.2-270 differs from Code § 19.2-295.”

Commonwealth v. Leonard, 805 S.E.2d 245 (Va. 2017). · cites it 22× “11 In other words, Leonard is not seeking to preclude the Commonwealth from relitigating a factual finding made in the 2012 proceeding, but is attempting to bind the Commonwealth to an evidentiary ruling made in the 2012 proceeding in connection with sentencing on a different…”

Sargent v. Commonwealth, 360 S.E.2d 895 (Va. Ct. App. 1987). · cites it 10× “The predominant issue in this case is whether the two misdemeanor convictions in Prince William County for driving under the influence of intoxicants can be used to enhance punishment for a third DUI offense under Code § 18.2-270. 1 “It is well settled that the right of an…”

Luginbyhl v. Commonwealth, 628 S.E.2d 74 (Va. Ct. App. 2006). · cites it 4× “On the day of the offense, November 25, 2003, the penalty provisions of Code § 18.2-270, as applicable to Code § 18.”

McBride v. Commonwealth, 480 S.E.2d 126 (Va. Ct. App. 1997). · cites it 6× “He contends that he cannot be subjected to the enhanced penalty of Code § 18.2-270 because the evidence was insufficient to prove that he was previously convicted for violating Code § 18.”

Raab v. Commonwealth, 652 S.E.2d 144 (Va. Ct. App. 2007). · cites it 4× “See also Code § 18.2-270. On appeal, Raab claims the evidence obtained by the arresting officer should have been suppressed because the officer had no legal basis to detain him.”

Samuels v. Commonwealth, 497 S.E.2d 873 (Va. Ct. App. 1998). · cites it 12× “See Code § 18.2-270. He asserts that the 1987 conviction order was inadmissible because the Commonwealth failed to prove that he was represented by counsel at the 1987 proceeding.”

Nicely v. Commonwealth, 490 S.E.2d 281 (Va. Ct. App. 1997). · cites it 6× “2-266,” Code § 18.2-270, 1 the *582 Commonwealth introduced into evidence a DMV “transcript” which reported a timely prior conviction of defendant for DUI in the General District Court of Roanoke County, Virginia.”

Cox v. Commonwealth, 411 S.E.2d 444 (Va. Ct. App. 1991). · cites it 8× “In other words, if a person may be convicted of an offense under another jurisdiction’s statute for conduct *331 which might not result in a conviction under Code § 18.2-270, the statutes are not “substantially conforming.”

Show all 128 citing cases →

— Va. Code Ann. § 18.2-270(0) — 1 case

Gregory Edward Leonard, II v. Commonwealth of Virginia, 784 S.E.2d 315 (Va. Ct. App. 2016).

— Va. Code Ann. § 18.2-270(A) — 10 cases

Briggs v. Waters, 484 F. Supp. 2d 466 (E.D. Va. 2007).

Roseborough v. Com., 704 S.E.2d 414 (Va. 2011).

United States v. Barber, 360 F. Supp. 2d 784 (E.D. Va. 2005).

Alan Cilman v. M. Reeves, 452 F. App'x 263 (4th Cir. 2011).

Pilar L. Morin v. Commonwealth (Va. Ct. App. 2007).

— Va. Code Ann. § 18.2-270(B) — 3 cases

Commonwealth v. Leonard, 805 S.E.2d 245 (Va. 2017). “11 In other words, Leonard is not seeking to preclude the Commonwealth from relitigating a factual finding made in the 2012 proceeding, but is attempting to bind the Commonwealth to an evidentiary ruling made in the 2012 proceeding in connection with sentencing on a different…”

Gregory Edward Leonard, II v. Commonwealth of Virginia, 784 S.E.2d 315 (Va. Ct. App. 2016).

Bruce Corey, s/k/a v. Commonwealth (Va. Ct. App. 2003).

— Va. Code Ann. § 18.2-270(B)(1) — 3 cases

United States v. Clark, 361 F. Supp. 2d 502 (E.D. Va. 2005).

Aleksey Gennadiyev Yemel'yanov v. Commonwealth of Virginia (Va. Ct. App. 2023).

Forness v. Commonwealth (Va. 2023).

— Va. Code Ann. § 18.2-270(B)(2) — 2 cases

United States v. Clark, 361 F. Supp. 2d 502 (E.D. Va. 2005).

Donna Lynn Taylor v. Commonwealth of Virginia (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-270(B)(3) — 1 case

Donna Lynn Taylor v. Commonwealth of Virginia (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-270(C) — 8 cases

Dixon v. Com., 613 S.E.2d 398 (Va. 2005).

Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).

Walter E. Cuadra Neria, a/k/a Walter E. Cuadra v. Commonwealth of Virginia (Va. Ct. App. 2009).

Bruce Corey, s/k/a v. Commonwealth (Va. Ct. App. 2003).

— Va. Code Ann. § 18.2-270(C)(1) — 18 cases

Freddie Beckham, III v. Commonwealth of Virginia, 799 S.E.2d 689 (Va. Ct. App. 2017). “Specifically, Code § 18.2-270, which sets forth the penalty for DUI violations, provides in subsection (C)(1) that “[a]ny person convicted of three offenses of § 18.”

Severance v. Commonwealth, 816 S.E.2d 277 (Va. 2018).

Mwangi v. Com., 672 S.E.2d 888 (Va. 2009).

Gregory Edward Leonard, II v. Commonwealth of Virginia, 784 S.E.2d 315 (Va. Ct. App. 2016).

— Va. Code Ann. § 18.2-270(C)(2) — 2 cases

Harold Jerry v. Henrico Dep't of Soc. Servs. (Va. Ct. App. 2022).

Amber Nicole Ethel Shelton v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 18.2-270(D) — 3 cases

Wolfe v. Commonwealth, 595 S.E.2d 27 (Va. Ct. App. 2004).

Crystal Ann Coomer v. Commonwealth of Virginia, 797 S.E.2d 787 (Va. Ct. App. 2017).

Keiron Chardel Pollard v. Commonwealth of Virginia (Va. Ct. App. 2022).

— Va. Code Ann. § 18.2-270(E) — 10 cases

Auer v. Commonwealth, 621 S.E.2d 140 (Va. Ct. App. 2005). “However, Code § 18.2-270 differs from Code § 19.2-295.”

Bruce Corey, s/k/a v. Commonwealth (Va. Ct. App. 2003).

Anton Lavelle Webb v. Commonwealth (Va. Ct. App. 2003).

James Steven Patterson v. Commonwealth of Virginia (Va. Ct. App. 2017).

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