DRIVING MOTOR VEHICLE, ETC., WHILE INTOXICATED

Norfolk City Code ch. 25, art. VII

in effect

Norfolk City Code § 25-251 Prohibited.

Sec. 25-251. - Prohibited. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train in the city: (i) While such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per two hundred ten (210) liters of breath as indicated by a chemical test administered as provided in this article; (ii) While such person is under the influence of alcohol; (iii) While such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely; (iv) While such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) While such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term "motor vehicle" shall include mopeds, while operated on the public highways of this city. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-251.1 Persons under age twenty-one driving after illegally consuming alcohol; penalty.

Sec. 25-251.1. - Persons under age twenty-one driving after illegally consuming alcohol; penalty. (a) It shall be unlawful for any person under the age of twenty-one (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 two hundred ten (210) liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per two hundred ten (210) liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section. (b) A violation of this section shall be punishable by forfeiture of such person's license to operate a motor vehicle for a period of six (6) months from the date of conviction and by a fine of not more than five hundred dollars ($500.00). The penalties and license forfeiture provisions set forth in Code of Virginia, § 16.1-278.9, and sections 25-255 and 25-257 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 section 25-257.1 and shall be eligible for a restricted license during the term of license suspension. (c) Notwithstanding Code of Virginia, §§ 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). (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-252 Preliminary analysis of breath to determine alcoholic content of blood.

Sec. 25-252. - Preliminary analysis of breath to determine alcoholic content of blood. (a) Any person who is suspected of a violation of section 25-251, 25-251.1 or 25-258 shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the commonwealth, or of any county, city or town, or by any member of a sheriff's department in the normal discharge of his duties. (b) The department of forensic science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same. (c) Any person who has been stopped by a police officer of the commonwealth, or of any county, city or town, or by any member of a sheriff's department and is suspected by such officer to be guilty of an offense listed in subsection (a), shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection (a). (d) Whenever the breath sample analysis indicates that alcohol is present in the person's blood, the officer may charge the person with a violation of an offense listed in subsection (a). The person so charged shall then be subject to the provisions of sections 25-253 through 25-253.10. (e) The results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection (a), the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection (a). (f) Police officers or members of any sheriff's department shall, upon stopping any person suspected of having committed an offense listed in subsection (a), advise the person of his rights under the provisions of this section. (g) Nothing in this section shall be construed as limiting the provisions of sections 25-253 through 25-253.10. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253 Chemical testing to determine alcohol or drug content of blood; definitions.

Sec. 25-253. - Chemical testing to determine alcohol or drug content of blood; definitions. As used in sections 25-253.1 through 25-253.10, unless the context clearly indicates otherwise: The phrase alcohol or drug means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs. The phrase blood or breath means either or both. Chief police officer means the chief of police of the city, or his authorized representative. Department means the department of forensic science. Director means the director of the department of forensic science. License means any driver's license, temporary driver's license, or instruction permit authorizing the operation of a motor vehicle upon the highways. Ordinance means a city ordinance. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.1 Implied consent to postarrest testing to determine drug or alcohol content of blood.

Sec. 25-253.1. - Implied consent to postarrest testing to determine drug or alcohol content of blood. (a) Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in Code of Virginia, § 46.2-100, in this commonwealth, shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of section 25-251, 25-251.1 or 25-258 within three (3) hours of the alleged offense. (b) Any person so arrested for a violation of clause (i) or (ii) of section 25-251 or both, section 25-251.1 or 25-258 of this article shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused. (c) A person, after having been arrested for a violation of clause (iii), (iv), or (v) of section 25-251, 25-251.1 or 25-258, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of subsection 25-251(i) or (ii) or both, submits to a breath test in accordance with subsection (b) or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.2 Refusal of tests; penalties; procedures.

Sec. 25-253.2. - Refusal of tests; penalties; procedures. (a) It shall be unlawful for a person who is arrested for a violation of section 25-251, 25-251.1 or 25-258 to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by section 25-253.1 and any person who so unreasonably refuses is guilty of a violation of this section. (b) When a person is arrested for a violation of section 25-251, 25-251.1 or 25-258 and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by section 25-253.1, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) A person who operates a motor vehicle upon a highway in the commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) A finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) The unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the commonwealth, (iv) The criminal penalty for unreasonable refusal within ten (10) years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) The criminal penalty for unreasonable refusal within ten (10) years of any two (2) prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the internet and the form shall be considered an official publication of the commonwealth for the purposes of Code of Virginia, § 8.01-388. (c) The arresting officer shall, under oath before the magistrate, execute the form and certify: (i) That the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) That the officer has read the portion of the form described in subsection (b) to the arrested person; (iii) That the arrested person, after having had the portion of the form described in subsection (b) read to him, has refused to permit such sample or samples to be taken; and (iv) How many, if any, violations of this section, section 25-251, or any offense described in subsection 25-255(d), the arrested person has been convicted of within the last ten (10) years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court. (d) A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under Code of Virginia, § 46.2-391.2. If a person is found to have violated this section and within ten (10) years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, or a violation of section 25-251, or a violation of any offense listed in subsection 25-255(d), arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three (3) years. This suspension period is in addition to the suspension period provided under Code of Virginia, § 46.2-391.2. If a person is found guilty of a violation of this section and within ten (10) years prior to the date of the refusal he was found guilty of any two (2) of the following: a violation of this section, or section 25-251, or a violation of any offense listed in subsection 25-255(d), he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three (3) years. This suspension period is in addition to the suspension period provided under Code of Virginia, § 46.2-391.2. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.3 Trial and appeal for refusal.

Sec. 25-253.3. - Trial and appeal for refusal. (a) Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection 25-253.2(a) is to be tried. (b) The procedure for appeal and trial of a first offense of section 25-253.2 shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Code of Virginia, title 19.2, chapter 15, article 4, (§ 19.2-260 et seq.), and the city shall be required to prove its case beyond a reasonable doubt. (c) If the defendant pleads guilty to a violation of section 25-251, 25-251.1 or 25-258, the court may dismiss the warrant or summons. The court shall dispose of the defendant's license in accordance with the provisions of Code of Virginia, § 46.2-398; however, the defendant's license shall not be returned during any period of suspension imposed under Code of Virginia, § 46.2-391.2. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.4 Qualifications and liability of persons authorized to take blood sample; procedure for taking samples.

Sec. 25-253.4. - Qualifications and liability of persons authorized to take blood sample; procedure for taking samples. For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug or both alcohol and drug content. It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. No civil liability shall attach to any person authorized to withdraw blood as a result of the act of withdrawing blood as provided in this section from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the person shall not be relieved from liability for negligence in the withdrawing of any blood sample. No person arrested for a violation of section 25-251, 25-251.1 or 25-258 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for in this section. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.5 Transmission of blood samples.

Sec. 25-253.5. - Transmission of blood samples. The blood sample withdrawn pursuant to section 25-253.4 shall be placed in vials provided or approved by the department of forensic science. The vials shall be sealed by the person taking the sample or at his direction. The person who seals the vials shall complete the prenumbered certificate of blood withdrawal forms and attach one form to each vial. The completed withdrawal certificate for each vial shall show the name of the accused, the name of the person taking the blood sample, the date and time the blood sample was taken and information identifying the arresting or accompanying officer. The vials shall be placed in a container provided by the department, and the container shall be sealed to prevent tampering with the vials. The arresting or accompanying officer shall take possession of the container as soon as the vials are placed in the container and sealed, and shall promptly transport or mail the container to the department. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.6 Transmission of blood test samples; use as evidence.

Sec. 25-253.6. - Transmission of blood test samples; use as evidence. (a) Upon receipt of a blood sample forwarded to the department for analysis pursuant to section 25-253.5, the department shall have it examined for its alcohol or drug or both alcohol and drug content and the director shall execute a certificate of analysis indicating the name of the accused; the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample's alcohol or drug or both alcohol and drug content. The director shall remove the withdrawal certificate from the vial, attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached. The certificate of analysis with the withdrawal certificate shall be returned to the clerk of the court in which the charge will be heard. (b) After completion of the analysis, the department shall preserve the remainder of the blood until ninety (90) days have lapsed from the date the blood was drawn. During this ninety-day period, the accused may, by motion filed before the court in which the charge will be heard, with notice to the department, request an order directing the department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. The department shall destroy the remainder of the blood sample if no notice of a motion to transmit the remaining blood sample is received during the ninety-day period. (c) When a blood sample taken in accordance with the provisions of sections 25-253.1 through 25.253.5 is forwarded for analysis to the department, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the director, be admissible in any court as evidence of the facts therein stated and of the results of such analysis: (i) In any criminal proceeding, provided the requirements of Code of Virginia, § 19.2-187.1A, have been satisfied and the accused has not objected to the admission of the certificate pursuant to Code of Virginia, § 19.2-187.1B, or (ii) In any civil proceeding. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence provided the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol/drug testing by one or more of the following bodies: American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB); College of American Pathologists (CAP); United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); or American Board of Forensic Toxicology (ABFT). Upon request of the person whose blood was analyzed, the test results shall be made available to him. The director may delegate or assign these duties to an employee of the department. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.7 Fees.

Sec. 25-253.7. - Fees. Payment for withdrawing blood shall not exceed twenty-five dollars ($25.00), which shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for a violation of section 25-251, 25-251.2 or 25-258, or is placed under the purview of a probational, educational, or rehabilitational program as set forth in section 25-257.1, the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury. If the person whose blood sample was withdrawn is subsequently convicted for violation of section 25-251, 25-251.1 or 25-258, a fee of twenty-five dollars ($25.00) for testing the first blood sample by the department shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.8 Assurance of breath test validity; use of breath test results as evidence.

Sec. 25-253.8. - Assurance of breath test validity; use of breath test results as evidence. (a) To be capable of being considered valid as evidence in a prosecution under section 25-251, 25-251.1, or 25-258, chemical analysis of a person's breath shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with methods approved by the department. (b) The department shall establish a training program for all individuals who are to administer the breath tests. Upon a person's successful completion of the training program, the department may license him to conduct breath test analyses. Such license shall identify the specific types of breath test equipment upon which the individual has successfully completed training. Any individual conducting a breath test under the provisions of section 25-253.1 shall issue a certificate which will indicate that the test was conducted in accordance with the department's specifications, the name of the accused, that prior to administration of the test the accused was advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test, the date and time the sample was taken from the accused, the sample's alcohol content, and the name of the person who examined the sample. This certificate, when attested by the individual conducting the breath test on equipment maintained by the department, shall be admissible in any court as evidence of the facts therein stated and of the results of such analysis: (i) In any criminal proceeding, provided that the requirements of Code of Virginia, § 19.2-187.1A, have been satisfied and the accused has not objected to the admission of the certificate pursuant to Code of Virginia, § 19.2-187.1B, or (ii) In any civil proceeding. Any such certificate of analysis purporting to be signed by a person authorized by the department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it. A copy of the certificate shall be promptly delivered to the accused. Copies of department records relating to any breath test conducted pursuant to this section shall be admissible provided such copies are authenticated as true copies either by the custodian thereof or by the person to whom the custodian reports. The officer making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arrest of the accused, if otherwise qualified to conduct such test as provided by this section, may administer the breath test and analyze the results. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.9 Evidence of violation of driving under the influence offenses.

Sec. 25-253.9. - Evidence of violation of driving under the influence offenses. (a) In any trial for a violation of section 25-251, 25-251.1, or 25-258, the admission of the blood or breath test results shall not limit the introduction of any other relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the result of any blood or breath tests, consider other relevant admissible evidence of the condition of the accused. If the test results indicate the presence of any drug other than alcohol, the test results shall be admissible, except in a prosecution under clause (v) of section 25-251, only if other competent evidence has been presented to relate the presence of the drug or drugs to the impairment of the accused's ability to drive or operate any motor vehicle, engine or train safely. (b) The failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to comment by the city at the trial of the case, except in rebuttal or pursuant to subsection (c); nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the city, except in rebuttal or pursuant to subsection (c). (c) Evidence of a finding against the defendant under section 25-253.2 for his unreasonable refusal to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood shall be admissible into evidence, upon the motion of the city or the defendant, for the sole purpose of explaining the absence at trial of a chemical test of such sample. When admitted pursuant to this subsection such evidence shall not be considered evidence of the accused's guilt. (d) The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of section 25-251 or 25-251.1 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-253.10 Substantial compliance.

Sec. 25-253.10. - Substantial compliance. The steps set forth in sections 25-253 through 25-253.8 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-254 Presumptions from alcohol or drug content of blood.

Sec. 25-254. - Presumptions from alcohol or drug content of blood. (a) In any prosecution for a violation of section 25-251, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of sections 25-253 through 25-253.10 shall give rise to the following rebuttable presumptions: (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood or 0.05 grams or less per two hundred ten (210) liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense; (2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.05 grams but less than 0.08 grams per two hundred ten (210) liters of the accused's breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; (3) If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per two hundred ten (210) liters of the accused's breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or (4) If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. (b) The provisions of this section shall not apply to and shall not affect any prosecution for a violation of Code of Virginia, § 46.2-341.24. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-255 Penalty for driving while intoxicated; subsequent offense; prior conviction.

Sec. 25-255. - Penalty for driving while intoxicated; subsequent offense; prior conviction. (a) Except as otherwise provided herein, any person violating any provision of section 25-251 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of two hundred fifty dollars ($250.00). 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 (5) days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of ten (10) days. (b) (1) Any person convicted of a second offense committed within less than five (5) years after a prior offense under section 25-251 shall upon conviction of the second offense be punished by a mandatory minimum fine of five hundred dollars ($500.00) and by confinement in jail for not less than one month nor more than one year. Twenty (20) days of such confinement shall be a mandatory minimum sentence. (2) Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a prior offense under section 25-251 shall upon conviction of the second offense be punished by a mandatory minimum fine of five hundred dollars ($500.00) and by confinement in jail for not less than one month. Ten (10) days of such confinement shall be a mandatory minimum sentence. (3) Upon conviction of a second offense within ten (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 ten (10) days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of twenty (20) days. In addition, such person shall be fined a mandatory minimum fine of five hundred dollars ($500.00). (c) In addition to the penalty otherwise authorized by this section or Code of Virginia, § 16.1-278.9, any person convicted of a violation of section 25-251 committed while transporting a person seventeen (17) years of age or younger shall be: (i) Fined an additional minimum of five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00); and (ii) Sentenced to a mandatory minimum period of confinement of five (5) days. (d) 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 section 25-251: (i) The provisions of Code of Virginia, § 18.2-36.1, or the substantially similar laws of any other state or of the United States, (ii) The provisions of Code of Virginia, §§ sections 18.2-51.4, 18.2-266; Code of Virginia, 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 Code of Virginia, § 18.2-51.4 or 18.2-266, or (iii) The provisions of Code of Virginia, § 46.2-341.24A, or the substantially similar laws of any other state or of the United States. (e) 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. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-255.1 Reimbursement of expenses incurred in responding to DUI incidents.

Sec. 25-255.1. - Reimbursement of expenses incurred in responding to DUI incidents. (a) A person convicted of any of the following provisions shall, at the time of sentencing or in a separate civil action, be liable to the city for restitution of reasonable expenses incurred by the city for responding law enforcement, firefighting, rescue and emergency services, including those incurred by the sheriff's office of the city, when providing an appropriate emergency response to any accident or incident related to such violation. Further, a person convicted of violating any of the following provisions shall, at the time of sentencing or in a separate civil action, be liable to the city for restitution of reasonable expenses incurred by the city when issuing any related arrest warrant or summons, including expenses incurred by the sheriff's office of the city: (1) The provisions of Code of Virginia §§ 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02 or 46.2-341.24 or a similar city ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of Code of Virginia, title 46.2, chapter 8, article 7, (§ 46.2-852 et seq.), relating to reckless driving, or a similar city ordinance, when such reckless driving is the proximate cause of the accident or incident; (3) The provisions of Code of Virginia, title 46.2, chapter 3, article 1 (§ 46.2-300 et seq.), as amended, relating to driving without a license or driving with a suspended or revoked license, or a similar city ordinance; and (4) The provisions of Code of Virginia § 46.2-894, as amended, relating to improperly leaving the scene of an accident, or a similar city ordinance. (b) Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection (a) shall not exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident, arrest or incident occurring in such city. In determining "reasonable expenses", the city may bill a flat fee of two hundred fifty dollars ($250.00) or a minute-by-minute accounting of the actual costs incurred. As used in this section "appropriate emergency responses" includes all costs of providing law enforcement, firefighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the locality for responding law enforcement, firefighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the city to recover the reasonable expenses to an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. (c) The fire and police departments shall compile a report of the reasonable expenses of the appropriate emergency response for each accident or incident and forward that information to the city attorney's office. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-256 Ignition interlock systems; penalty.

Sec. 25-256. - Ignition interlock systems; penalty. (a) For purposes of this section, and Code of Virginia, § 18.2-270.2: Commission means the Commission on VASAP. Department means the department of motor vehicles. Ignition interlock system means a device that: (i) Connects a motor vehicle ignition system to an analyzer that measures a driver's blood alcohol content; (ii) Prevents a motor vehicle ignition from starting if a driver's blood alcohol content exceeds 0.02 percent; and (iii) Is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition and rolling retest. Rolling retest means a test of the vehicle operator's blood alcohol content required at random intervals during operation of the vehicle, which triggers the sounding of the horn and flashing of lights if: (i) The test indicates that the operator has a blood alcohol content which exceeds 0.02 percent; or (ii) The operator fails to take the test. (b) In addition to any penalty provided by law for a conviction under section 25-251; Code of Virginia, § 18.2-51.4 or § 18.2-266; or a substantially similar ordinance of any county, city or town, any court of proper jurisdiction: (i) May, for a first offense; (ii) Shall, for a second or subsequent offense; and (iii) Shall, for an offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration under subsection 25-257.1(c), Code of Virginia, § 18.2-271.1C; or Code of Virginia, § 46.2-391; prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system for any period of time not to exceed the period of license suspension and restriction, not less than six (6) consecutive months without alcohol-related violations of the interlock requirements, and shall require that such a system be installed on each motor vehicle, as defined in Code of Virginia § 46.2-100 owned by or registered to the offender, in whole or in part, for such period of time. Such condition shall be in addition to any purposes for which a restricted license may be issued pursuant to Code of Virginia, § 18.2-271.1. The court may order the installation of an ignition interlock system to commence immediately upon conviction. A fee of twenty dollars ($20.00) to cover court and administrative costs related to the ignition interlock system shall be paid by any such offender to the clerk of the court. The court shall require the offender to install an electronic log device with the ignition interlock system on a vehicle designated by the court to measure the blood alcohol content at each attempted ignition and random rolling retest during operation of the vehicle. The offender shall be enrolled in and supervised by an alcohol safety action program pursuant to section 25-257.1 or Code of Virginia § 18.2-271.1, and to conditions established by regulation under Code of Virginia, § 18.2-270.2 by the commission during the period for which the court has ordered installation of the ignition interlock system. The offender shall be further required to provide to such program, at least quarterly during the period of court ordered ignition interlock installation, a printout from such electronic log indicating the offender's blood alcohol content during such ignitions, attempted ignitions, and rolling retests, and showing attempts to circumvent or tamper with the equipment. (c) In any case in which the court requires the installation of an ignition interlock system, the court shall direct the offender not to operate any motor vehicle which is not equipped with such a system for the period of time that installation is ordered. The clerk of the court shall file with the department of motor vehicles a copy of the order, which shall become a part of the offender's operator's license record maintained by the department. The department shall issue to the offender for the installation period required by the court, a restricted license which shall appropriately set forth the restrictions required by the court under this subsection and any other restrictions imposed upon the offender's driving privilege, and shall also set forth any exception granted by the court under subsection (f). (d) The offender shall be ordered to provide the appropriate ASAP program, within thirty (30) days of the effective date of the order of court, proof of the installation of the ignition interlock system. The program shall require the offender to have the system monitored and calibrated for proper operation at least every thirty (30) days by an entity approved by the commission under the provisions of Code of Virginia, § 18.2-270.2, and to demonstrate proof thereof. The offender shall pay the cost of leasing or buying and monitoring and maintaining the ignition interlock system. Absent good cause shown, the court may revoke the offender's driving privilege for failing to: (i) Timely install such system; or (ii) Have the system properly monitored and calibrated. (e) No person shall start or attempt to start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock system. No person shall tamper with, or in any way attempt to circumvent the operation of, an ignition interlock system that has been installed in the motor vehicle of a person under this section. Except as authorized in subsection (g), no person shall knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to any person prohibited under subsection (b) from operating any motor vehicle which is not equipped with such system. A violation of this subsection shall be punishable as a Class 1 misdemeanor. (f) Any person prohibited from operating a motor vehicle under subsection (b) may, solely in the course of his employment, operate a motor vehicle which is owned or provided by his employer without installation of an ignition interlock system, if the court expressly permits such operation as a condition of a restricted license at the request of the employer, but such person may not operate a school bus, school vehicle, or a commercial motor vehicle as defined in Code of Virginia, § 46.2-341.1. This subsection shall not apply if such employer is an entity wholly or partially owned or controlled by the person otherwise prohibited from operating a vehicle without an ignition interlock system. (g) The commission shall promulgate such regulations and forms as are necessary to implement the procedures outlined in this section. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-257 Forfeiture of driver's license for driving while intoxicated.

Sec. 25-257. - Forfeiture of driver's license for driving while intoxicated. (a) Except as provided in section 25-257.1 or Code of Virginia, § 18.2-271.1, the judgment of conviction if for a first offense under Code of Virginia, § 18.2-266, or for a similar offense under any county, city, or town ordinance, or for a first offense under Code of Virginia, § 46.2-341.24A, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under Code of Virginia, § 46.2-391.2. (b) If a person: (i) Is tried on a process alleging a second offense of violating section 25-251, Code of Virginia, § 18.2-266; or Code of Virginia § 46.2-341.24A; or any substantially similar local ordinance, or law of any other jurisdiction, within ten (10) years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under section 25-251, Code of Virginia, § 18.2-266; or Code of Virginia, or § 46.2-341.24A; or any valid local ordinance or any law of any other jurisdiction substantially similar to Code of Virginia, § 18.2-266; or Code of Virginia § 46.2-341.24A; and (ii) Is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the commonwealth for a period of three (3) years from the date of the judgment of conviction and such person shall have his license revoked as provided in Code of Virginia, § 46.2-391A. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with Code of Virginia, § 46.2-398, and shall notify such person that his license has been revoked for a period of three (3) years and that the penalty for violating that revocation is as set out in Code of Virginia, § 46.2-391. This suspension period shall be in addition to the suspension period provided under Code of Virginia, § 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by sections 25-253 through 25-253.10, or Code of Virginia, §§ 18.2-268.1 through 18.2-268.12; or Code of Virginia, §§ 46.2-341.26:1 through 46.2-341.26:11. (c) If a person: (i) Is tried on a process alleging a third or subsequent offense of violating section 25-251; Code of Virginia, § 18.2-266; or Code of Virginia, § 46.2-341.24A; or any substantially similar local ordinance, or law of any other jurisdiction, within ten (10) years of two (2) other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under Code of Virginia, § 18.2-266; or Code of Virginia, § 46.2-341.24A; or any valid local ordinance or any law of any other jurisdiction substantially similar to Code of Virginia, § 18.2-266; or Code of Virginia, § 46.2-341.24A; and (ii) Is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the commonwealth and such person shall not be eligible for participation in a program pursuant to Code of Virginia, § 18.2-271.1; or a similar ordinance, and shall, upon such conviction, have his license revoked as provided in Code of Virginia, § 46.2-391B. The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with Code of Virginia, § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in Code of Virginia, § 46.2-391. (d) Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the department of motor vehicles. (e) The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver's License Act (Code of Virginia, § 46.2-341.1 et seq.). (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-257.1 Probation, education and rehabilitation of person charged or convicted; person convicted under law of another state.

Sec. 25-257.1. - Probation, education and rehabilitation of person charged or convicted; person convicted under law of another state. (a) Any person convicted of a first or second offense of section 25-251(i), (ii), (iii) or (iv); or provisions of Code of Virginia, § 46.2-341.24A; shall be required by court order, as a condition of probation or otherwise, to enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program which is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to subsection (h) and to Code of Virginia, § 18.2-271.2. However, any person charged with a violation of a first or second offense of section 25-251(i), (ii), (iii) or (iv), or provisions of Code of Virginia, § 46.2-351.24A; may, at any time prior to trial, enter into an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district. (b) The court shall require the person entering such program under the provisions of this section to pay a fee of no less than two hundred fifty dollars ($250.00) but no more than three hundred dollars ($300.00). A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed ten (10) percent, shall be forwarded monthly to be deposited with the state treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged. (c) Upon conviction of a violation of section 25-251, Code of Virginia, § 18.2-266, or any ordinance of a county, city or town similar to the provisions thereof, or Code of Virginia, § 46.2-341.24A; the court shall impose the sentence authorized by section 25-255, Code of Virginia, § 18.2-270; or Code of Virginia, § 46.2-341.28; and the license revocation as authorized by section 25-257 and Code of Virginia, § 18.2-271. In addition, if the conviction was for a second offense committed within less than ten (10) years after a first such offense, the court shall order that restoration of the person's license to drive be conditioned upon the installation of an ignition interlock system on each motor vehicle, as defined in Code of Virginia, § 46.2-100, owned by or registered to the person, in whole or in part, for a period of six (6) months beginning at the end of the three-year license revocation, unless such a system has already been installed for six (6) months prior to that time pursuant to a restricted license order under subsection (e). Upon a finding that a person so convicted is required to participate in the program described herein, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to such program. The court may then proceed to issue an order in accordance with subsection (e), if the court finds that the person so convicted is eligible for a restricted license. If the court finds good cause for a person not to participate in such program or subsequently that such person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered, in which event the revocation provisions of Code of Virginia, §§ 46.2-389, and 46.2-391, subsection A, shall be applicable to the conviction. The court shall, upon final disposition of the case, send a copy of its order to the Commissioner of the Department of Motor Vehicles. If such order provides for the issuance of a restricted license, the Commissioner of the Department of Motor Vehicles, upon receipt thereof, shall issue a restricted license. Appeals from any such disposition shall be allowed as provided by law. The time within which an appeal may be taken shall be calculated from the date of the final disposition of the case or any motion for rehearing, whichever is later. (d) Any person who has been convicted in another state of the violation of a law of such state substantially similar to the provisions of Code of Virginia, § 18.2-266; or Code of Virginia, § 46.2-341.24A; and whose privilege to operate a motor vehicle in this commonwealth is subject to revocation under the provisions of Code of Virginia, §§ 46.2-389 and 46.2-391A, may petition the general district court of the county or city in which he resides that he be given probation and assigned to a program as provided in subsection (a) and that, upon entry into such program, he be issued an order in accordance with subsection (e). If the court finds that such person would have qualified therefor if he had been convicted in this commonwealth of a violation of Code of Virginia, §§ 18.2-266 or 46.2-341.24A, the court may grant the petition and may issue an order in accordance with subsection (e) as to the period of license suspension or revocation imposed pursuant to Code of Virginia, §§ 46.2-389 or 46.2-391A. Such order shall be conditioned upon the successful completion of a program by the petitioner. If the court subsequently finds that such person has violated any of the conditions set forth by the court, the court shall dispose of the case as if no program had been entered and shall notify the commissioner, who shall revoke the person's license in accordance with the provisions of Code of Virginia, §§ 46.2-389 or 46.2-391A. A copy of the order granting the petition or subsequently revoking or suspending such person's license to operate a motor vehicle shall be forthwith sent to the Commissioner of the Department of Motor Vehicles. No period of license suspension or revocation shall be imposed pursuant to this subsection which, when considered together with any period of license suspension or revocation previously imposed for the same offense in any state, results in such person's license being suspended for a period in excess of the maximum periods specified in this subsection. (e) Except as otherwise provided herein, whenever a person enters a certified program pursuant to this section, and such person's license to operate a motor vehicle, engine or train in the commonwealth has been suspended or revoked, the court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes: (i) Travel to and from his place of employment; (ii) Travel to and from an alcohol rehabilitation or safety action program; (iii) Travel during the hours of such person's employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) Travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) Travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person's household with a serious medical problem upon written verification of need by a licensed health professional; (vi) Travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) Travel to and from court-ordered visitation with a child of such person; (viii) Travel to a screening, evaluation and education program entered pursuant to Code of Virginia, § section 18.2-251 or § 18.2-258.1H; or (ix) Travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation; (x) Travel to and from a place of religious worship one day per week at a specified time and place; or (xi) Travel to and from appointments approved by the division of child support enforcement of the department of social services as a requirement of participation in a court-ordered intensive case monitoring program for child support for which the participant maintains written proof of the appointment, including written proof of the date and time of the appointment, on his person. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (Code of Virginia, § 46.2-341.1, et seq.). The court shall order the surrender of such person's license to operate a motor vehicle to be disposed of in accordance with the provisions of Code of Virginia, § 46.2-398, and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person so convicted who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, if the order provides for a restricted license for that time period. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of section 25-258 or Code of Virginia, § 18.2-272. Such restricted license shall be conditioned upon enrollment within fifteen (15) days in, and successful completion of, a program as described in subsection (a). No restricted license shall be issued during the first four (4) months of a revocation imposed pursuant to section 25-257; Code of Virginia, § 18.2-271B; or Code of Virginia, § 46.2-391; for a second offense of the type described therein committed within ten (10) years of a first such offense. No restricted license shall be issued during the first year of a revocation imposed pursuant to section 25-257, Code of Virginia, § 18.2-271B; or Code of Virginia, § 46.2-391A; for a second offense of the type described therein committed within five (5) years of a first such offense. No restricted license shall be issued during any revocation period imposed pursuant to section 25-257; Code of Virginia, § 18.2-271C; or Code of Virginia, § 46.2-391B; or subsection (c). Notwithstanding the provisions of Code of Virginia, § 46.2-411, the fee charged pursuant to Code of Virginia, § 46.2-411, for reinstatement of the driver's license of any person whose privilege or license has been suspended or revoked as a result of a violation of Code of Virginia, § 18.2-266 or § 46.2-341.24A; or of any ordinance of a county, city or town, or of any federal law or the laws of any other state similar to the provisions of Code of Virginia, § 18.2-266; or Code of Virginia, § 46.2-341.24A; shall be one hundred five dollars ($105.00). Forty dollars ($40.00) of such reinstatement fee shall be retained by the Department of Motor Vehicles as provided in Code of Virginia, § 46.2-411; forty dollars ($40.00) shall be transferred to the Commission on VASAP, and twenty-five dollars ($25.00) shall be transferred to the Commonwealth Neurotrauma Initiative Trust Fund. (f) The court shall have jurisdiction over any person entering such program under any provision of this section until such time as the case has been disposed of by either successful completion of the program, or revocation due to ineligibility or violation of a condition or conditions imposed by the court, whichever shall first occur. Revocation proceedings shall be commenced by notice to show cause why the court should not revoke the privilege afforded by this section. Such notice shall be made by first class mail to the last known address of such person, and shall direct such person to appear before the court in response thereto on a date contained in such notice, which shall not be less than ten (10) days from the date of mailing of the notice. Failure to appear in response to such notice shall of itself be grounds for revocation of such privilege. Notice of revocation under this subsection shall be sent forthwith to the Commissioner of the Department of Motor Vehicles. (g) For the purposes of this section, any court which has convicted a person of a violation of section 25-251; Code of Virginia, § 18.2-266 or § 46.2-341.24A; or any ordinance of a county, city or town similar to the provisions of Code of Virginia, § 18.2-266, shall have continuing jurisdiction over such person during any period of license revocation related to that conviction, for the limited purposes of: (i) Referring such person to a certified alcohol safety action program, (ii) Providing for a restricted permit for such person in accordance with the provisions of subsection (e), and (iii) Imposing terms, conditions and limitations for actions taken pursuant to clauses (i) and (ii), whether or not it took either such action at the time of the conviction. This continuing jurisdiction is subject to the limitations of subsection (e) that provide that no restricted license shall be issued during a revocation imposed pursuant to Code of Virginia, § 18.2-271C; or Code of Virginia, § 46.2-391B; or during the first four (4) months or first year, whichever is applicable, of the revocation imposed pursuant to Code of Virginia, § 18.2-271B; or Code of Virginia, § 46.2-391A. The provisions of this subsection shall apply to a person convicted of a violation of Code of Virginia, § 18.2-266A; of Code of Virginia, § 46.2-341.24; or any ordinance of a county, city or town similar to the provisions of Code of Virginia, § 18.2-266, on, after and at any time prior to July 1, 2003. (h) The state treasurer, the Commission on VASAP or the city is authorized to accept any gifts or bequests of money or property, and any grant, loan, service, payment or property from any source, including the federal government, for the purpose of driver alcohol education. Any such gifts, bequests, grants, loans or payments shall be deposited in the separate fund provided in subsection (b). (i) The Commission on VASAP, or any county, city, town, or any combination thereof may establish and, if established, shall operate, in accordance with the standards and criteria required by this subsection, alcohol safety action programs in connection with highway safety. Each such program shall operate under the direction of a local independent policy board chosen in accordance with procedures approved and promulgated by the Commission on VASAP. Local sitting or retired district court judges who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs may serve on such boards. The Commission on VASAP shall establish minimum standards and criteria for the implementation and operation of such programs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the commission. The commission shall also establish criteria for the administration of such programs for public information activities, for accounting procedures, for the auditing requirements of such programs and for the allocation of funds. Funds paid to the commonwealth hereunder shall be utilized in the discretion of the Commission on VASAP to offset the costs of state programs and local programs run in conjunction with any county, city or town and costs incurred by the commission. The commission shall submit an annual report as to actions taken at the close of each calendar year to the governor and the general assembly. (j) Notwithstanding any other provisions of this section or of Code of Virginia, § 18.2-271, as amended, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver's License Act (Code of Virginia, § 46.2-341.1 et seq., as amended). (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-258 Driving after forfeiture of license.

Sec. 25-258. - 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 section 25-253.2, subsection 25-255(e), or Code of Virginia, §§ 18.2-268.3 or 18.2-270E, (ii) By section 25-257, Code of Virginia, § 18.2-271 or 46.2-391.2, (iii) After his license has been revoked pursuant to Code of Virginia § 46.2-389 or 46.2-391, or (iv) In violation of the terms of a restricted license issued pursuant to subsection 25-257.1(e), or Code of Virginia, § 18.2-271.1E, is guilty of a Class 1 misdemeanor except as otherwise provided in Code of Virginia, § 46.2-391, and is subject to administrative revocation of his driver's license pursuant to Code of Virginia, §§ 46.2-389 and 46.2-391. Nothing in this section or sections 25-251, 25-255, 25-257, or Code of Virginia, § 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 Code of Virginia, § 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-268.3, 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. Any person suspected of a violation of this subsection shall be entitled to a preliminary breath test in accordance with the provisions of section 25-252, or Code of Virginia, § 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 section 25-253.1 or Code of Virginia, § section 18.2-268.2, and, when charged with a violation of this subsection, shall be subject to the provisions of sections 25-253 through 25-253.10, or Code of Virginia, §§ 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 Code of Virginia, § 46.2-391.01, is guilty of a Class 1 misdemeanor and is subject to administrative revocation of his driver's license pursuant to Code of Virginia, §§ 46.2-389 and 46.2-391. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-259 Report of conviction to Department of Motor Vehicles.

Sec. 25-259. - Report of conviction to Department of Motor Vehicles. The clerk of every court of record and the judge of every court not of record shall, within thirty (30) days after final conviction of any person in his court under the provisions of this article, report the fact thereof and the name, post office address and street address of such person, together with the license plate number on the vehicle operated by such person to the Commissioner of the Department of Motor Vehicles who shall preserve a record thereof in his office. (Ord. No. 44,066, § 1, 12-7-10)

Norfolk City Code § 25-260 Driving commercial motor vehicle with any alcohol in blood.

Sec. 25-260. - Driving commercial motor vehicle with any alcohol in blood. No person shall drive a commercial motor vehicle while having any amount of alcohol in his blood, as measured by a test administered pursuant to the provisions of Code of Virginia, §§ 46.2-341.25:1 through 46.2-341.26:11. Any person found to have so driven a commercial motor vehicle shall be guilty of a traffic infraction. (Ord. No. 44,066, § 1, 12-7-10)

Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH25MOVECO_ARTVIIDRMOVEETWHINFetched: 11/1/2026