Williams v. Commonwealth

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 offense.

Henry M. Williams was indicted for the felony of operating a motor vehicle while under the influence of alcohol, “after having been convicted of two like offenses within ten years,” in violation of Code §§ 18.2-266 and -270. 2 He was convicted of the offense following a bench trial in the Circuit Court of the City of…