Based upon the limited information you have provided and my interpretation of the wording of 18.2-250.1, this would not be considered a "repeat offense", because you were never convicted of a first offense. That means the penalties are SHOULD be limited to the confinement in jail not more than thirty days and a fine of not more than $500. You would not however be eligible for another first offenders program. If convicted you would likely be required to do a substance abuse assessment and classes as deemed necessary if you wish to have a restricted drivers license during the mandated license suspension period. There are sometimes creative ways around these results. A conviction may very well impact your eligibility on the FAFSA (federal financial aid).
Answered on Aug 12th, 2013 at 3:46 PM