HB1503: Driving after forfeiture of license; blood alcohol content.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-266.1 and 18.2-272 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section. In any prosecution for a violation of this section, there shall be a rebuttable presumption that the person's blood alcohol concentration at the time of the alleged offense is the concentration indicated by a chemical test administered as provided in this article.
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.
§ 18.2-272. Driving after forfeiture of license.
A. Any person who drives or operates any motor vehicle, engine or train in the Commonwealth during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or of an offense set forth in subsection E of § 18.2-270, (ii) by § 18.2-271 or 46.2-391.2, (iii) after his license has been revoked pursuant to § 46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise provided in § 46.2-391, and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391. Any person convicted of three violations of this section committed within a 10-year period is guilty of a Class 6 felony.
Nothing in this section or § 18.2-266, 18.2-270 or 18.2-271,
shall be construed as conflicting with or repealing any ordinance or resolution
of any city, town or county which restricts still further the right of such
persons to drive or operate any such vehicle or conveyance.
B. Regardless of compliance with any other restrictions on his
privilege to drive or operate a motor vehicle, it shall be a violation of this
section for any person whose privilege to drive or operate a motor vehicle has
been restricted, suspended or revoked because of a violation of § 18.2-36.1,
18.2-51.4, 18.2-266, 18.2-268.3, or 46.2-341.24, or a similar
ordinance or law of another state or the United States to drive or operate a
motor vehicle while he has a blood alcohol content of 0.02 percent or more
by weight by volume or 0.02 grams or more per 210 liters of breath. In
any prosecution for a violation of this section, there shall be a rebuttable
presumption that the person's blood alcohol concentration at the time of the
alleged offense is the concentration indicated by a chemical test administered
as provided in this article.
Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of § 18.2-267, shall be deemed to have given his implied consent to have samples of his blood, breath or both taken for analysis pursuant to the provisions of § 18.2-268.2, and, when charged with a violation of this subsection, shall be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12.
C. Any person who drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391.
HOUSE BILL NO. 1503
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-272 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-272. Driving after forfeiture of license.
A. Any person who drives or operates any motor vehicle, engine or train in the Commonwealth during the time for which he was deprived of the right to do so (i) upon conviction of a violation of § 18.2-268.3 or of an offense set forth in subsection E of § 18.2-270, (ii) by § 18.2-271 or 46.2-391.2, (iii) after his license has been revoked pursuant to § 46.2-389 or 46.2-391, or (iv) in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1, is guilty of a Class 1 misdemeanor except as otherwise provided in § 46.2-391, and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391. Any person convicted of three violations of this section committed within a 10-year period is guilty of a Class 6 felony.
Nothing in this section or § 18.2-266, 18.2-270 or 18.2-271, shall be construed as
conflicting with or repealing any ordinance or resolution of any city, town or
county which restricts still further the right of such persons to drive or
operate any such vehicle or conveyance.
B. Regardless of compliance with any other restrictions on his
privilege to drive or operate a motor vehicle, it shall be a violation of this
section for any person whose privilege to drive or operate a motor vehicle has
been restricted, suspended or revoked because of a violation of § 18.2-36.1,
18.2-51.4, 18.2-266, 18.2-268.3, or 46.2-341.24, or a similar ordinance or law
of another state or the United States to drive or operate a motor vehicle while
he has a blood alcohol content of 0.02 percent or more by
weight by volume or 0.02 grams or more per 210 liters of breath. Any such person with a blood alcohol concentration
of 0.02 percent or more by weight by volume or
0.02 grams or more per 210 liters of breath as indicated by a chemical test
administered as provided in this article shall be in violation of this section.
Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of § 18.2-267, shall be deemed to have given his implied consent to have samples of his blood, breath or both taken for analysis pursuant to the provisions of § 18.2-268.2, and, when charged with a violation of this subsection, shall be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12.
C. Any person who drives or operates a motor vehicle without a certified ignition interlock system as required by § 46.2-391.01 is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to §§ 46.2-389 and 46.2-391.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.