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(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight by volume of alcohol in the accused's blood, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused, or (3) If there was at that time 0.10 percent or more by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic intoxicants. (b) The provisions of this section shall not apply and shall not affect any prosecution for a violation of section 46.2-341.24 of the Code of Virginia. to Section 22-426. Forfeiture of right to drive. (a) Except as provided in section 18.2-271.1 of the Code of Virginia, the judgment of conviction if for a first offense under section 22-421, or for a first offense under section 46.2-341.24A of the Code of Virginia, 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 six (6) months from the date of such judgment. (b) If a person is tried on a process alleging a second offense of violating section 22-421 or section 46.2-341.24A of the Code of Virginia within ten (10) years of a first offense for which the person was convicted under section 22-421 or section 46.2-341.24A of the Code of Virginia and is convicted thereof, such person's license to operate a motor vehicle, engine or train shall be revoked for a period of three (3) years from the date of the judgment of conviction. Such period of license suspension or revocation shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by section 22-423 or section 46.2-341.26A. If any person has heretofore been convicted or found not innocent in the case of a juvenile of violating any similar act in the Commonwealth or any other state and thereafter is charged with a second violation of section 22-421 or section 46.2-341.24A and convicted of violating the provisions of section 22-421 or section 46.2-341.24A, such conviction or finding shall for the purpose of this section and section 22-425, be a subsequent offense and shall be punishable accordingly.