(a) Alcohol means a volatile or, flammable liquid synthesized or obtained by fermentation of sugars and starches, and widely used, either pure or denatured, as a solvent and in drugs; an intoxicating beverage with the same characteristics.

(b) Bodily injury carries the same meaning for bodily injury as defined in 9 Guam Code Ann., Chapter 16, § 16.10(b).

(c) Breath alcohol ignition interlock device (BAIID) means a device that attaches to a vehicle and prevents its starting unless a breath alcohol test is passed.

(d) Bus means a vehicle chartered for transportation of persons for hire. It shall not mean a school bus, open vehicles resembling trolleys, or a vehicle operated pursuant
to a public or private franchise operating over a regularly scheduled route.

(e) Controlled substance is as defined in 9 Guam Code Ann., Chapter 67 (Guam Uniform Controlled Substances Act).

(f) Driving while impaired, or while driving impaired (DWI) means any person driving, operating, or in physical control of a motor vehicle under the influence of alcohol or any controlled substance, or the ingestion or administration of any controlled substance, or any combination of these, when as a result, his physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive a motor vehicle with the characteristics of a sober person of ordinary prudence under the same or similar circumstances.

(g) Electronic alcohol monitoring device means a portable device capable of automatically and periodically testing and recording alcohol consumption levels and automatically and periodically transmitting such information and tamper attempts regarding such device, regardless of the location of the person being monitored.

(h) Oral fluid (saliva) test means a method used to collect a saliva sample from a test subject and analyze it for the presence of hormones, drugs, antibodies or other molecules.

(i) Limousine means a chauffeur-driven motor vehicle, other than a bus or taxicab, designed and used for transportation of persons for compensation.

(j) Negligence as used in this Chapter has the same meaning for criminal negligence as defined under 9 Guam Code Ann. § 4.30(d).

(k) Officer means an officer of the Guam Police Department, or a law enforcement officer of the A.B. Won Pat International Airport Authority or the Jose D. Leon Guerrero Commercial Port Authority, but only while such law enforcement officer is carrying out his duties within the confines of the property under the control and jurisdiction
of the Authority by which the law enforcement officer is employed.

(l) Percent of alcohol by weight shall be based upon grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.

(m) Physical control of a vehicle means being physically present in the driver’s seat of a motor vehicle while the engine is turned on, whether moving or stationary on a public highway, a shoulder adjacent to a public highway, or parked in any public area.

(n) Prior conviction for driving while impaired means a conviction of an offense in violation of any Section of this Chapter, or an offense based on a violation of Chapter 18 of Title 16 [which was] in effect prior to the enactment of this Chapter, or under driving while impaired laws of any other jurisdiction in the world if the offense upon which the conviction is based would, if committed on Guam, be a violation of this Chapter.

(o) Public highway means any primary or secondary roadway, street, or alley used by the general public, including a public easement.

(p) Serious bodily injury carries the same meaning for serious bodily injury as defined in 9 Guam Code Ann. § 16.10(c).

(q) Suspended driver’s license means an operator’s license, chauffeur’s license, or driving privilege that has been suspended by the court, or by administrative action, or seized by an officer pursuant to law.

2018 NOTE: The reference in subsection (n) is to prior convictions pursuant to the original enactment of the Safe Streets Act by P.L. 22-020 (June 22, 1993), which was codified as Chapter 18 of Title 16, Guam Code Ann..