DUI; any person convicted of subsequent offense is guilty of Class 6 felony, etc. (HB1559)

Introduced By

Del. Rick Morris (R-Carrollton)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


Bill Has Passed


01/04/2013Prefiled and ordered printed; offered 01/09/13 13103202D
01/04/2013Referred to Committee for Courts of Justice
01/07/2013Impact statement from VCSC (HB1559)
01/22/2013Assigned Courts sub: #1 Criminal
01/23/2013Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/23/2013Subcommittee recommends referring to Committee on Appropriations
01/25/2013Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
01/25/2013Committee substitute printed 13104519D-H1
01/25/2013Referred to Committee on Appropriations
01/29/2013Impact statement from VCSC (HB1559H1)
01/29/2013Assigned App. sub: Public Safety
01/31/2013Subcommittee recommends reporting (7-Y 0-N)
02/01/2013Reported from Appropriations (22-Y 0-N) (see vote tally)
02/02/2013Read first time
02/04/2013Read second time
02/04/2013Committee substitute agreed to 13104519D-H1
02/04/2013Engrossed by House - committee substitute HB1559H1
02/05/2013Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/05/2013VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/06/2013Constitutional reading dispensed
02/06/2013Referred to Committee for Courts of Justice
02/13/2013Reported from Courts of Justice with amendment (14-Y 0-N) (see vote tally)
02/15/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/18/2013Read third time
02/18/2013Reading of amendment waived
02/18/2013Committee amendment agreed to
02/18/2013Engrossed by Senate as amended
02/18/2013Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/19/2013Placed on Calendar
02/19/2013Passed by for the day
02/21/2013Senate amendment rejected by House (6-Y 91-N)
02/21/2013VOTE: REJECTED (6-Y 91-N) (see vote tally)
02/21/2013Senate insisted on amendment (39-Y 0-N) (see vote tally)
02/21/2013Senate requested conference committee
02/21/2013House acceded to request
02/21/2013Conferees appointed by Senate
02/21/2013Senators: Norment, Stuart, Garrett
02/21/2013Conferees appointed by House
02/21/2013Delegates: Morris, Albo, Watts
02/22/2013Conference report agreed to by Senate (39-Y 0-N) (see vote tally)
02/22/2013Conference report agreed to by House (95-Y 0-N)
02/22/2013VOTE: ADOPTION (95-Y 0-N) (see vote tally)
03/04/2013Bill text as passed House and Senate (HB1559ER)
03/04/2013Impact statement from VCSC (HB1559ER)
03/04/2013Signed by President
03/05/2013Signed by Speaker
03/06/2013Impact statement from DPB (HB1559ER)
03/16/2013G Approved by Governor-Chapter 415 (effective 7/1/13)
03/16/2013G Acts of Assembly Chapter text (CHAP0415)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 3 minutes.


stephen writes:

Why does a Drunk Driver get 4 chances to murder? I bet this same person claims nothing is more important than protecting kids, while clearly showing it's more important to protect Drunk Drivers.

Ken Carbaugh writes:

This would be reasonable if the DUI limits in the State of Virginia and surrounding were in fact reasonable and they are NOT. The DUI BAC limits have been lowered time and time again to unreasonably low limits. Given the fact that some many BAC measuring devices have staggering inaccurate readings an abundance of persons are arrested unlawfully.

The state and county health departments, courts and law offices have become dependent on this DUI income for the past 20 years. The local health departments, intake centers and treatment centers are making money hand over foot.

I don't advocate drinking and driving. You not only take someone else s life in your own hands, you risk loosing your own and the consequences are irreversible.

I do think if one has had mulitple DUIs it is a sign of a problem however there really needs to be a reasonable time limit here folks. This is a misdemeanor, it is a traffic violation. If this were to happen within a period of 5yrs then I could understand it. If the limits of DUI were to reasonable levels, I would insist upon it.