Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

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Terms Used In 9 Guam Code Ann. § 92104

  • Conviction: A judgement of guilt against a criminal defendant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A person convicted of a first violation of driving while impaired is guilty of a misdemeanor and shall be sentenced as follows:

(a) A term of incarceration of not less than a mandatory forty-eight (48) hours, nor more than one (1) year.

(b) A mandatory minimum fine of not less than One Thousand Dollars ($1,000), and not more than Five Thousand Dollars ($5,000).

(c) The court shall order the person to be placed on probation for not more than one (1) year.

(d) (1) Suspension of a person’s driving privilege for six (6) months, which may include an occupational driving permit.

(2) The court may modify this suspension prior to the end of the six (6) months’ suspension; provided, that the person can show proof that he or she has successfully completed a drug or alcohol treatment program acceptable to the court.

(e) The court shall notify the Department of Revenue and Taxation of each conviction of this Section.

2018 NOTE: Subitem designations added in subsection (d) pursuant to the authority of 1 Guam Code Ann. § 1606.