GCA Title 9, Chapter 92
9 GCA CRIMES AND CORRECTIONS CH. 92 SAFE STREETS ACT OF 2018
CHAPTER 92 SAFE STREETS ACT OF 2018
SOURCE: Entire chapter added by P.L. 34-107:5 (June 5, 2018).
- Article 1. Offenses Involving Alcohol and Controlled Substances.
- Article 2. Implied Consent and Suspension or Revocation of Driving Privileges and License.
- Article 3. Ignition Interlock Devices.
ARTICLE 1 OFFENSES INVOLVING ALCOHOL AND CONTROLLED SUBSTANCES
SOURCE: Entire Article originally enacted as Article 1 of Chapter 18, Title 16 GCA by P.L. 22-020:2 (June 22, 1993). Transferred to Chapter 92, Title 9 GCA by P.L. 34-107:6 (June 5, 2018), codified as Article 2 and renumbered pursuant to P.L. 34-107:6.
- § 92101. Definitions.
- § 92102. Driving While Impaired.
- § 92103. Reckless Driving While Impaired.
- § 92104. First Offender Conviction: Punishment.
- § 92105. Second Offender Conviction: Punishment.
- § 92106. Third Offender Conviction: Felony Punishment.
- § 92107. Fourth Offender Conviction: Felony Punishment.
- § 92108. Vehicular Negligence: Bodily Injuries.
- § 92109. Driving While Impaired with Child On Board: Felony Punishment.
- § 92110. Vehicular Homicide: Felony Punishment.
- § 92111. Vehicular Homicide While Driving Impaired: Felony Punishment.
- § 92112. Drinking While Driving a Motor Vehicle: Misdemeanor: Punishment.
- § 92113. Drinking While Riding in a Motor Vehicle: Misdemeanor: Punishment.
- § 92114. Opened Container of Alcohol: Misdemeanor: Punishment.
9 GCA CRIMES AND CORRECTIONS CH. 92 SAFE STREETS ACT OF 2018
- § 92115. Marijuana Use While Driving a Motor Vehicle: Petty Misdemeanor: Punishment.
- § 92116. Exceptions for Alcohol Use in Tour Buses and Limousines.
- § 92117. Occupational Driving Permit: First Offender Only.
- § 92118. Suspension or Revocation of Driver’s License: Process.
- § 92119. Driving While License Suspended or Revoked for Driving While Impaired.
- § 92120. Participation in the Driving While Impaired Treatment Court.
- § 92121. Dismissal for Completion of Driving While Impaired Treatment Court; Permitted.
- § 92122. No Conditional Discharge and Dismissal Permitted for Offenses Involving Serious Injuries.
- § 92123. Probation Allowed.
- § 92124. Safe Streets Fund.
- § 92125. Electronic Alcohol Monitoring Device, Rules and Regulations.
- § 92126. Presumptions Affecting the Burden of Proof: Defenses.
§ 92101. Definitions.
As used in this Chapter: (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 GCA, 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
9 GCA CRIMES AND CORRECTIONS CH. 92 SAFE STREETS ACT OF 2018
to a public or private franchise operating over a regularly scheduled route. (e) Controlled substanc e is as defined in 9 GCA, 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 GCA § 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
9 GCA CRIMES AND CORRECTIONS CH. 92 SAFE STREETS ACT OF 2018
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 highwa y 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 GCA § 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 GCA.
§ 92102. Driving While Impaired.
It is unlawful for a person to drive, operate, or be in physical control of any motor vehicle within Guam:
- (a) While driving impaired, as defined in § 92101(f);
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(b) having an alcohol concentrate of 0.08 percent, or more, by weight, of alcohol in his blood as shown by a chemical analysis of such person’s breath or blood administered as authorized by this Chapter; (c) having an alcohol concentrate of 0.04 percent, or more, by weight, of alcohol in the blood of a person under the age of twenty-one (21), as shown by a chemical analysis of such person’s breath or blood administered as authorized by this Chapter; (d) having inhaled, ingested, applied or otherwise used any chemical, poison or organic solvent, or any compound, or combination of any of these, when as a result, his physical or mental abilities are impaired to such a degree that he 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; or (e) Having any combination of Subsections (a) through (d) of this Section.
§ 92103. Reckless Driving While Impaired.
(a) Any person who, in reckless disregard for the safety of persons or property, operates a motor vehicle while driving impaired shall be guilty of a petty misdemeanor. (b) If the People agree to a plea of guilty or nolo contendere to a charge of a violation of this Section in satisfaction of, or as a substitute for, an original charge of a violation of § 92102, the People shall state for the record a factual basis for the satisfaction or substitution, including whether or not the defendant was driving while impaired in connection with the offense. (c) The court shall notify the Department of Revenue and Taxation of each conviction of this Section. (d) A defendant placed on probation for a conviction under this Section shall enroll in an alcohol or drug education program at the expense of the participant, and complete the same as a condition of probation.
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§ 92104. First Offender Conviction: Punishment.
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 (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 GCA § 1606.
§ 92105. Second Offender Conviction: Punishment.
A person convicted of a second violation of driving while impaired, and the offense occurred within five (5) years of a prior conviction, is guilty of a misdemeanor, and shall be sentenced as follows: (a) A term of incarceration of not less than a mandatory seven (7) days, nor more than one (1) year. (b) A mandatory minimum fine of not less than Two Thousand Dollars (5,000).
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(c) The court shall order the person to be placed on probation for not more than three (3) years. (d) Suspension of a person’s driving permit for one (1) year, with no occupational driving privileges, which time period may be reduced at the discretion of the Court, provided on motion by the defendant that he has: (1) completed court-approved treatment; (2) paid all fines and fees; (3) has not been charged with a subsequent criminal offense; and (4) 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. (e) The court shall notify the Department of Revenue and Taxation of each conviction of this Section.
§ 92106. Third Offender Conviction: Felony Punishment.
A person convicted of a third violation of driving while impaired, and the offense occurred within five (5) years of two (2) separate prior convictions for such an offense, is guilty of a felony of the third degree and, notwithstanding any other provision of law, shall be sentenced as follows: (a) A term of incarceration of not less than a mandatory of ninety (90) days, nor more than five (5) years; provided, however, that if the defendant agrees to voluntarily participate in, and successfully complete all the terms and conditions of the DWI Treatment Court Program, the court may reduce the mandatory incarceration time from ninety (90) days to no less than thirty (30) days, otherwise the defendant shall serve the full ninety (90) days. (b) A mandatory fine of not less than Four Thousand
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Dollars (7,000). (c)(1) Revocation of a person’s driving privilege for not less than two (2) years, which time period may be reduced at 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. (2) 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. (d) The court shall order the person to be placed on probation for not less than three (3) years, and not more than five (5) years. (e) The court shall notify the Department of Revenue and Taxation of each conviction of this Section. 2018 NOTE: Subsection/subitem designations altered/added in subsection (c) pursuant to the authority of 1 GCA § 1606.
§ 92107. Fourth Offender Conviction: Felony Punishment .
A person convicted of a fourth violation of driving while impaired, and the offense occurred within seven (7) years of three (3) separate prior convictions for driving while under the influence, is guilty of a felony of the third degree, and notwithstanding any other provision of law, shall be sentenced as follows: (a)(1) A term of incarceration of not less than a minimum mandatory one (1) year, nor more than six
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(6) years. (2) A mandatory minimum fine of not less than Four Thousand Dollars (7,000). (b)(1) Revocation of a person’s driving privilege for not less than three (3) years, which time period may be reduced at 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