9 Guam Code Ann. § 92108
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In 9 Guam Code Ann. § 92108
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) It is unlawful for any person to operate or be in physical control of a motor vehicle while having 0.08 percent or more, by weight, of alcohol in his or her blood and, when doing so, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, or who negligently drives a vehicle, which act or neglect or negligence proximately causes bodily injury to any person other than the driver.
(c) It is unlawful for any person under the age of twenty- one (21) to operate or be in physical control of a motor vehicle if such person is found to have 0.04 percent or more, by weight, of alcohol in his or her breath or blood, and, when doing so, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, or who negligently drives a vehicle, which act or neglect or negligence proximately causes bodily injury to any person other than the driver.
(d) Any violation of Subsection (a), (b) or (c) shall be punished as a felony of the third degree, and notwithstanding any other provision of law, shall be sentenced as follows:
(1) A term of incarceration of up to three (3) years for a first conviction under this Section, and up to five (5) years in the event of a prior conviction of driving while impaired.
(2) A mandatory fine of not less than Three Thousand Dollars ($3,000), and not more than Five Thousand Dollars ($5,000).
(3) The court shall order the person to be placed on probation for not more than five (5) years.
(4) Suspension of a person’s driving privilege for not more than five (5) years, which time period may be reduced in the discretion of the Court, provided on motion by the defendant that he has
(A) completed court-approved treatment; (B) paid all fines and fees;
(C) has not been charged with a subsequent criminal offense; and
(D) the probation officer recommends reduction
based on satisfactory performance. The court may further reduce the period of suspension by no more than fifty percent (50%), provided the defendant agrees to have installed either a breath alcohol ignition interlock device (BAIID) as ordered by the court, or an electronic alcohol monitoring device approved by the court.
(5) The court shall notify the Department of Revenue and Taxation of each conviction of this Section.
(e) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this Chapter was violated.