(a) If a person is arrested for a violation of § 92102 of this Chapter, on a determination by the police officer that there was reasonable cause for the arrest then:

(1) the police officer shall inform the person that he or she has the option of taking blood or urine, or breath test,

(2) the police officer shall also inform the person that a refusal to submit to or a failure to complete the blood or urine, or breath tests may be used in evidence against him or her in criminal proceedings, and that he or she may be subject to administrative suspension or revocation by the Department of his or her privileges and license or permit to operate a motor vehicle, and

(3) the officer also shall inform the person that a refusal to take the test or a failure to complete the test requires the officer to immediately take custody of the person’s driver’s license for forwarding to the Department.

(b) The police officer complies with the requirements of § 92203(a) of this Chapter and the person refuses to submit to or fails to complete the blood or breath test, then the police officer
shall within three (3) working days of the arrest sign and submit
to the Department an affidavit or declaration under penalty of perjury setting forth such facts.

(c)(1) Upon receipt by the Department of the police officer’s affidavit or declaration, an administrative action shall commence and the Department shall within ten (10) working days notify the person in writing of the commencement thereof.

(2) Notice of the administrative action shall be provided to the person as follows:

(A) By delivering a copy thereof to the person; or

(B) By leaving a copy thereof at the person’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein; or

(C) By mailing a copy thereof to the person at his or her last known address through certified or registered mail.

(3) The notice of the administrative action shall inform the person of the matters set forth in §§ 92202 and 92203 of this Chapter.

(d) Within fifteen (15) working days from the date of receipt of the notice from the Department, the person may request in writing a hearing on a form provided by the Department in its notice of the action taken.

(e) Upon receipt by the Department of the person’s written request for a hearing, the Department shall within five (5) working days notify the person of a hearing date in the same manner as set forth in subsection (c), (1), (2), and (3), of this § 92203.

(1) The Department shall schedule the hearing to commence within fifteen (15) working days of the person’s written request for the hearing.

(2) The Director or his designee shall preside at and conduct the hearing.

(f) The scope of the hearing shall be limited to whether the requirements of this § 92203 were met.

(g) At the commencement of the initial or continued hearing, if for any reason the person who is alleged to have refused to submit to or failed to complete blood or urine, or breath testing did not surrender his or her driver’s license to the arresting officer, the person shall surrender to the Department any license or permit issued in the name of the person which authorizes the person to drive and be in physical control of a vehicle, and which license or permit was not previously suspended or revoked.

(h)(1) At the hearing the driver has the burden of proof to show by the preponderance of the evidence that the requirements of this § 92203 were not met.

(2) If the hearing is continued to another date and time by the Director, or the Director’s designee, or if at the conclusion of the initial or continued hearing, the Director, or the Director’s designee, dismisses the administrative action, then the Department shall return the person’s driver’s license or permit to him or her.

(i) (1) At the conclusion of the initial or continued hearing, the Director or his designee shall render a decision

(A) to suspend or revoke the person’s driving privilege and license or permit, as authorized under § 92202 of this Act, or

(B) to dismiss the administrative action.

(2) The decision and order of the Director or his designee shall be final but subject to judicial review.

(j) If the Director or his designee determines, upon a hearing of the matter, to suspend or revoke the person’s privilege and license or permit to operate a motor vehicle, the suspension or revocation decision shall thereupon become effective.

(1) If the person does not appear at that hearing, the Director or his designee shall, in writing, determine, based upon a preponderance of the evidence, that the person whose license or permit is to be suspended or revoked is the person so charged and shall declare that by default the license or permit is revoked or suspended.(2) If the person does appear at the hearing, the Director or his designee shall, in writing, based upon the preponderance of the evidence, show that the person was

(A) either driving and in physical control of the motor vehicle or not,

(B) either refused to take a breathalyzer or blood test or did not, and

(C) either was given adequate warning of the alternatives before so suspending or revoking the person’s license or permit or was not.

(k) If the Director’s or his designee’s decision is to revoke or suspend the person’s privilege and license or permit to drive, the person may file a petition for judicial review in the Superior Court of Guam within ten (10) working days of such decision and order.

(1) The filing of the petition shall not operate as a stay of the administrative revocation or suspension nor shall the court stay the administrative revocation or suspension pending the outcome of the judicial review.

(2) The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administration revocation.

(3) The court shall schedule the judicial review as soon as practicable, and the review shall be on the record of the administrative hearing without taking additional testimony or evidence.

(4) If the petitioner fails to appear without just cause, the court shall affirm the administrative revocation or suspension.

(5) The sole issues before the court shall be whether the Department exceeded constitutional or statutory authority, erroneously interpreted the law, acted in an arbitrary or capricious manner, committed an abuse of discretion, or made a determination that is unsupported by the evidence in the record.
(6) Unless the administrative revocation or suspension is reversed, the revocation or suspension shall become effective as set out in subsection (j) of this § 92203.

(l) Failure of the peace officer or the Department to comply with the requirements in subsections (a), (b), (c), (e) or (i) of this
§ 92203 shall result in a dismissal of the action in favor of the person.

(m) Failure of the person to comply with subsections (d), (h) and (k) of this § 92203 shall be deemed a waiver of the rights therein, and the revocation or suspension if supported by the affidavit shall become effective pursuant to §§ 92202 and 92203 of this Chapter.

(n) The Department may issue a written subpoena directing any person to attend a hearing before the Director or his designee and in a proper case to bring with him or her any book, record or paper which may be deemed material as evidence in the case.

(1) The fee for such attendance shall be the same as the fees of witnesses before the Superior Court, except that if the witness is a government employee, no witness fee shall be given.

(2) The subpoena

(A) shall be issued in the name of the Department, (B) shall be directed to the witness, and
(C) shall be served in the same manner as subpoenas to appear and testify before the court.

(3) If any person or persons summoned to testify shall refuse or neglect to obey said subpoena, upon petition,

(A) the court may compel the attendance of such person or persons before the Department, or

(B) punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses and their punishment for neglect or refusal to attend the Superior Court.

(o) Article 2 of the Administrative Adjudication Law [5
GCA Chapter 9, Article 2 – Hearing Procedures] shall not apply to administrative actions and hearings under this § 92203.

SOURCE: Enacted as 16 Guam Code Ann. § 18203 by P.L. 22-020:2 (June 22,
1993). Subsections (a), (b), (c), (g), (j) and (k) amended by P.L. 22-
146:6, 7, 8, 11, 14 and 15, respectively. Subsections (e), (f), (h)and (i)
repealed/reenacted by P.L. 22-146:9, 10, 12 and 13, respectively. Subsections (n) and (o) added by P.L. 22-146:16 and 17, respectively
(Dec. 29, 1994). Subsections (a), (g) and (h) amended by P.L. 24-122:2,
3, and 4, respectively. Subsections (a) and (g) amended by P.L. 24-197:2 and 3, respectively (May 6, 1998). Transferred to Chapter 92, Title 9
GCA by P.L. 34-107:6 (June 5, 2018), and renumbered pursuant to P.L.
34-107:6.

2018 NOTE: Subsection/subitem designations altered/added pursuant to authority granted by 1 Guam Code Ann. § 1606.

References to Chapter 18 of Title 16 GCA have been altered to the current codification in Chapter 92 of Title 9, pursuant to P.L. 34-107:5 (June 5, 2018).