Rufty v. Commonwealth

Code § 18.2-270 provides enhanced punishment for any person convicted of two or more offenses of driving under the influence of intoxicants within a ten-year period. For purposes of § 18.2-270, a conviction under “the laws of any other state substantially similar to the provisions” of Virginia’s drunk-driving statutes shall be considered a prior conviction.

In the court below, the defendant, Richard Rufty, was convicted on a warrant charging him with driving under the influence of intoxicants “second or subsequent offense.” He was sentenced under the enhanced punishment provisions of Code §…