VA Code 46.2-357
It is unlawful for any person to drive a motor vehicle on the highways while a habitual offender.
If such driving does not endanger the life, limb or property of another, the 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.
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 a 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, the indiscretion of judge or jury, TWELVE MONTHS IN JAIL.