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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY AMENDING SECTIONS 21-23 AND 21-24 THEREOF, PERTAINING TO PENALTIES FOR DRIVING WHILE INTOXICATED; SUBSEQUENT OFFENSE AND~ORFEITURE OF DRIVER'S LICENSE. BE iT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 21-23 and Sectfon 21-24 of the Code of the City of Portsmouth, Virginia, 1973, be a/~ended to read as follows: Section 21-23. Penalty for driving while intoxicated; sub- sequent offense; prior conviction. Any person violating any provision of Section 21~19 shall be guilty of a Class 1 Misdemeanor. Any person convicted of a second offense within less than five (5) years after a first offense under ~21-19, shall be punishable of a fine not less than two hundred dollars ($200.) nor more than one thousand dollars ($1,000.), and by confinement in jail for not less than one (1) month nor more than one (I) year. Forty-eight (48) hours of such confinement shall be a mandatory, minimum sentence not subject to suspension by the Court. Any person convicted of a second offense within a period of five (5) to ten (!0) years of a first offense under S21-19 shall be punishable by a fine of not less than two hundred dollars ($2QO.) nor more than one thousand dollars ($1,O00.), and by confinement in jail for not less than one (t) month nor more than one (1) year. Any person convicted of a third offense or subsequent offense within ten (10) years of an of'fense under ~21-19 shall be punishable of a fine of not less than five hundred dollars ($500.) nor more than one thousand dollars ($1,O00.), and by confinement in jail for not. less than two (2) months nor more than one (I) year.. Thirty (30) days of such confinement shall be a mandatory, minimum sentence not subject ~o suspension by the Court if the third or subsequent offense occurs within less than five (5) years. Ten (I0) days of such confinement shall be a mandatory, minim~ sentence not subject to suspension by the Court if the third or subsequent offense occurs within a period of five (5) to ten (10) years of a first offense. For the purpose of this section, a conviction or finding of not innocent in the case of a juvenile under the provisions of ~21-19 shall be considered a prior conviction.