HB 1850 Virginia House of Delegates · 2017 Regular Session

Commercial vehicles; harmonizes penalties for driving under the influence (DUI) and commercial DUI.

Summary
Harmonizes the penalties for driving under the influence (DUI) and commercial DUI. The bill imposes a $250 mandatory minimum fine for a first offense of commercial DUI and mandatory minimum sentences of five days if the person's blood alcohol level was at least 0.15 and 10 days if the person's blood alcohol level was more than 0.20. The bill increases from five to 20 days the mandatory minimum sentence for a second offense committed within five years, adds a 10-day mandatory minimum sentence for a second offense committed within five to 10 years, and imposes a $500 mandatory minimum fine for any second offense committed within a 10-year period. The bill also imposes additional mandatory minimum sentences for a second offense committed within 10 years of 10 days if the person's blood alcohol level was at least 0.15 and 20 days if the person's blood alcohol level was more than 0.20 as well as an additional $500 mandatory minimum fine. The bill raises the penalty for a third offense committed within 10 years from a Class 1 misdemeanor with a mandatory minimum sentence of 10 days, or 30 days if the three offenses were committed within five years, to a Class 6 felony with a mandatory minimum sentence of 90 days, or six months if the three offenses were committed within five years, and a mandatory minimum fine of $1,000. The bill adds a penalty for a fourth or subsequent offense committed within a 10-year period that includes a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that a person convicted of commercial DUI after being convicted of certain felony DUI or DUI-related offenses is guilty of a Class 6 felony with a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. Finally, the bill provides that the mandatory minimum punishments are cumulative and mandatory minimum sentences must be served consecutively.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2017
Committee Review
Floor Vote
Governor
Introduced Jan 10, 2017 Last action Feb 7, 2017
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Jan 23, 2017
Legislature · Passed
Subcommittee recommends laying on the table by voice vote
legislature
Jan 13, 2017
Committee
Assigned Courts sub: Criminal Law
legislature
Jan 10, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Jan 10, 2017
Introduced
Prefiled and ordered printed; offered 01/11/17 17102589D
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Todd Gilbert
Todd Gilbert
RRepublican
VA
33