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amended. If a person is charged with a second offense of <br />violating section 21-19 and is convicted thereof, the court <br />may suspend no more than one year of such license <br />suspension or revocation if such conviction occurred less <br />than five (5) years after a previous conviction under <br />section 21-23, nor more than two (2) years if such <br />conviction occurred five (5) to ten (10) years after a <br />previous conviction upon such person's entry into and <br />successful completion of a program entered in.to pursuant to <br />section 18.2-271.1 of the Code of VirgInia, 1950, as <br />amended. <br /> <br /> (4) If a person is tried on a process alleging a <br />third or subsequent offense of violating section 21-19 and <br />convicted thereof, such person shall not be eligible for <br />participation in a program pursuant to section 18.2-271.1 <br />of the Code of Virginia, 1950, as amended and shall have <br />his license revoked by the Department of Motor Vehicles as <br />provided in section 46.1-421 (b), Code of Virginia, 1950, <br />as amended. <br /> <br /> (5) Notwithstanding any other provision of this <br />section, the period of license revocation or suspension <br />shall not begin to expire until the person convicted has <br />surrendered his license to the court or to the Department <br />of Motor Vehicles. <br /> <br /> 2. That this ordinance shall take effect on the date <br />of its adoption. <br /> <br /> Adopted by the Council <br />Virginia, at a meeting held <br /> <br />of the City of Portsmouth, <br />April 14, 1987. <br /> <br /> Teste: <br /> <br />City Clerk <br /> <br /> <br />