VA Code 46.2-357
It is unlawful for any person to drive a motor vehicle on the highways while a habitual offender.
1. If such driving does not endanger the life, limb or property of another, operator shall be guilty of a misdemeanor punishable by jail confinement for no more than 90 days and fine of not more than $2,500.00. Ten days of confinement is mandatory.
2. If driving (i) endangers the life, limb or property of another or (ii) takes place while such person is in violation of section 18.2-266 (DUI), and one of the convictions which caused the person to be declared an Habitual Offender, is for DUI, or it is a second offense, the person is guilty of a felony.
Confinement in state correctional facility for not less than ONE YEAR nor more than five years or, in discretion of judge or jury, TWELVE MONTHS IN JAIL.