(a)(1) In addition to any other authorized penalties, the Court may require that any person who is convicted of driving under the influence in violation of this Chapter shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device certified by the Department as provided in § 92302 of this Article, and installed in such a manner that the vehicle will not start if the operator’s blood alcohol level is in excess of five one- hundredths of one percent (0.05%) or as otherwise specified by the court.

(2) The court may require the use of an approved ignition interlock device for a period of not less than six (6) months, if the person is permitted to operate a motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as determined by the court.

(3) The court, however, shall order placement of an ignition interlock device in those circumstances required by this Chapter.

(b) If the court imposes the use of an ignition interlock device, the court shall:

(1) stipulate on the record the requirement for, and the period of, the use of a certified ignition interlock device;
(2) order that the records of the Department reflect such requirement;

(3) order that an ignition interlock device be installed, as the court may determine necessary, on any vehicle owned or operated by the person;

(4) determine the person’s ability to pay for installation of the device if the person claims inability to pay. If the court determines that the person is unable to pay for installation of the device, the court may order that any portion of a fine paid by the person for a violation of this Chapter shall be allocated to defray the costs of installing the device; and

(5) require proof of installation of the device and periodic reporting to the Department for verification of the operation of the device in the person’s vehicle.

(c) (1) If the court imposes the use of an ignition interlock device on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to the Department within thirty (30) days.

(2) If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall notify the Department of Revenue and Taxation.

(d) If the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for a period of less than three (3) years, the department shall require proof of compliance before reinstatement of the person’s driving privilege.

(e) (1) In addition to any other provision of law upon conviction of a violation of this Section, the Department shall revoke the person’s driving privilege for one (1) year from the date of conviction. Upon conviction of a separate violation of this Section during the same period of required use of an ignition interlock device, the Department shall
revoke the person’s driving privilege for five (5) years from the date of conviction.

(2) Any person convicted of a violation of Subsection (f) hereof who does not have a driver’s license shall, in addition to any other penalty provided by law, pay a fine of not less than Two Hundred Fifty Dollars ($250) or more than Five Hundred Dollars ($500) per each such violation. In the event that the person is unable to pay any such fine, the fine shall become a lien against the motor vehicle used in violation of Subsection (f) hereof and payment shall be made pursuant to Title 16 Guam Code Ann. § 7172.

(f) (1) It is unlawful to tamper with or to circumvent the operation of a court-ordered ignition interlock device.

(2) It is unlawful for any person whose driving privilege is restricted pursuant to this Section to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

(3) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to this Section.

(4) It is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted as provided in this Section, unless the vehicle is equipped with a functioning, certified ignition interlock device.

(5) Any person whose driving privilege is restricted under a condition of probation requiring an ignition interlock device shall notify any other person who leases or loans a motor vehicle to him or her of such driving restriction.

(g) (1) Notwithstanding the provisions of this Section, if a person is required to operate a motor vehicle in the course
and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle.

(2) This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.

(h) In addition to the penalties provided in this Section, a violation of this Section is a traffic violation, punishable as a nonmoving violation as provided in Title 16 Guam Code Ann., Chapter 9.

SOURCE: Added as 16 Guam Code Ann. § 18401 by by P.L. 29-050:1 (Jan. 2,
2008). Transferred to Chapter 92, Title 9 Guam Code Ann. 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).