Title 9 — Crimes and Corrections
48 chapters · 842 sections in this title.
9 GCA § 92101 Definitions
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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 inju…
9 GCA § 92102 Driving While Impaired
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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); (b) having an alcohol concentrate of 0.08 percent, or more, by weight, of alcohol in his blood as shown by a chemical a…
9 GCA § 92103 Reckless Driving While Impaired
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(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 sa…
9 GCA § 92104 First Offender Conviction: Punishment
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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 th…
9 GCA § 92105 Second Offender Conviction: Punishment
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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 mo…
9 GCA § 92106 Third Offender Conviction: Felony Punishment
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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 sentenc…
9 GCA § 92107 Fourth Offender Conviction: Felony Punishment
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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…
9 GCA § 92108 Vehicular Negligence: Bodily Injuries
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(a) It is unlawful for any person to operate or be in physical control of a motor vehicle while driving impaired 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 neg…
9 GCA § 92109 Driving While Impaired With Child On Board:
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Felony Punishment. A person convicted of driving while impaired is guilty of a felony of the third degree if at the time of arrest, he or she was operating a motor vehicle in which a child under the age of sixteen (16) was a passenger, or if a child under the age of sixteen (16) …
9 GCA § 92110 Vehicular Homicide: Felony Punishment
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(a) A person is guilty of vehicular homicide if he or she does any act forbidden by law in operating or driving a vehicle, or if he or she negligently operates or drives a vehicle, which act or negligence proximately causes death to any person other than himself or herself. (b) V…
9 GCA § 92111 Vehicular Homicide While Driving Impaired:
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Felony Punishment. (a) A person is guilty of vehicular homicide while driving impaired (1) if he or she does any act forbidden by law in driving while impaired, or (2) if he or she negligently operates or drives a vehicle while impaired, which act or negligence proximately causes…
9 GCA § 92112 Drinking While Driving a Motor Vehicle:
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Misdemeanor: Punishment. It is unlawful for any person to drink any alcoholic beverage or consume a controlled substance while driving a motor vehicle within Guam. Any person convicted of violating this Section shall be guilty of a misdemeanor.
9 GCA § 92113 Drinking While Riding in a Motor Vehicle:
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Misdemeanor: Punishment. It is unlawful for any person to drink any alcoholic beverage or consumes a controlled substance while riding in a motor vehicle within Guam. Any person convicted of violating this Section shall be guilty of a misdemeanor.
9 GCA § 92114 Opened Container of Alcohol: Misdemeanor:
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Punishment. (a) It is unlawful for any person to transport or possess alcohol in a container in which the original cap or seal of the container has been opened, broken, or the contents of which have been partially removed when the vehicle is upon a public highway. Any person conv…
9 GCA § 92115 Marijuana Use While Driving a Motor Vehicle:
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Petty Misdemeanor: Punishment. It is unlawful for any person, whether a driver or passenger, to consume marijuana in any manner including, but not limited to, smoking or ingesting in a motor vehicle when the vehicle is upon a public highway. Any person convicted of violating this…
9 GCA § 92116 Exceptions for Alcohol Use in Tour Buses and
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Limousines. (a) Alcoholic beverages may be sold, offered for sale, and consumed only by passengers, not to include the driver, within the premises of a tour bus or limousine only by a business authorized and issued a license, as prescribed by the Alcoholic Beverage Control Board …
9 GCA § 92117 Occupational Driving Permit: First Offender Only
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An Occupational Driving Permit may be issued to a person convicted of a first offender violation under § 92104 by the court authorizing the person to drive for employment purposes, and as permitted by the court for therapeutic rehabilitation. (a) The person whose privilege to dri…
9 GCA § 92118 Suspension or Revocation of Driver’s License:
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Process. (a) The driver’s license of a person whose privilege to operate a motor vehicle has been suspended or revoked under this Chapter shall be mutilated with a hole punched on the lower right-hand corner of the license so as to identify it is a restricted license. (b) A licen…
9 GCA § 92119 Driving While License Suspended or Revoked for
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Driving While Impaired. (a) It is unlawful for a person to drive a motor vehicle on Guam knowing, or having reason to know, that his or her driver’s license is suspended or revoked under this Chapter. Any person convicted of violating this Section shall be guilty of a misdemeanor…
9 GCA § 92120 Participation in the Driving While Impaired
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Treatment Court. The court may remove or reduce any restriction on a person’s privilege to drive and/or reduce any fine imposed resulting from a conviction of any offense in this Chapter upon that person’s participation in the Driving While Impaired (DWI) Treatment Court, and the…
9 GCA § 92121 Dismissal for Completion of Driving While
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Impaired Treatment Court; Permitted. Upon satisfactory completion of all the conditions of probation and treatment in DWI Treatment Court, the judge shall order the case dismissed and expunged.
9 GCA § 92122 No Conditional Discharge and Dismissal Permitted
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for Offenses Involving Serious Injuries. The provisions of §§ 92120 and 92121 shall not apply in the case of a violation defined as a third degree felony in this Chapter, and that involves bodily injury to any person other than the driver.
9 GCA § 92123 Probation Allowed
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Any person convicted under this Chapter may be granted probation at the discretion of the court, which may include, but is not limited to, (a) prohibition from consuming alcohol or controlled substance(s), (b) payment of restitution, (c) mandatory alcohol and drug testing, (d) ob…
9 GCA § 92124 Safe Streets Fund
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(a) There is created within the Superior Court of Guam the Safe Street Fund (Fund), which shall be maintained separate and apart from the other funds of the Superior Court of Guam. The Fund shall be held in an interest bearing account, and all interest earned shall remain in the …
9 GCA § 92125 Electronic Alcohol Monitoring Device, Rules and
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Regulations. The Judicial Council may promulgate rules, regulations, and proposed fees relative to the use of electronic alcohol monitoring devices by defendants convicted under this Chapter.
9 GCA § 92126 Presumptions Affecting the Burden of Proof:
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Defenses. (a) The amount of alcohol in a person’s blood as shown by an analysis of that person’s blood or breath shall give rise to the following presumptions affecting the burden of proof: (1) If there was at that time less than 0.08 percent by weight of alcohol in the person’s …
9 GCA § 92201 Implied Consent of Driver of Motor Vehicle to
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Submit to Blood or Urine, or Breath Testing to Determine Alcohol or Controlled Substances Content of Blood and Urine. (a) Any person who operates a motor vehicle on the public highways or roadways of Guam shall be deemed to have given consent to a blood or urine, or breath test f…
9 GCA § 92202 Sanctions for Refusal to Submit to or Failure to
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Complete a Blood, or Breath Test. (a) If any person refuses a police officer’s request to submit to, or fails to complete a blood or breath test or tests, upon receipt of a police officer’s sworn statement, affidavit or written declaration under penalty of perjury that the police…
9 GCA § 92203 Administrative Revocation or Suspension of Driving
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Privilege and License Procedures. (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 …
9 GCA § 92204 Suspension; Refusal Under Implied Consent Law;
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Time to Run Consecutively With Other Restrictions, Suspensions or Revocations. (a) The purpose of this § 92204 is to require that any suspension or revocation under § 92123 of this Chapter and any restriction, suspension or revocation under §§ 92201 or 92124 of this Chapter resul…
9 GCA § 92205 Filing of Rules
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The Department may adopt rules to govern its procedures under this Chapter. Article 3 of the Administrative Adjudication Law [5 GCA Chapter 9 - Rule-Making Procedure] is not applicable to such rules so adopted by the Department nor to any procedures prescribed therein. SOURCE: En…
9 GCA § 92206 Effective Date of Implementation
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The effective date to implementing the provisions of § 92203 of this Chapter on the Department’s administrative revocation or suspension of driving privileges and licenses or permits of persons who refuse to submit to or fail to complete a blood or breath test shall be April 1, 1…
9 GCA § 92301 Ignition Interlock Devices, Requiring; Unlawful
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Acts. (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 d…
9 GCA § 92302 Ignition Interlock Devices, Certification; Warning
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Label. (a) The Department of Revenue and Taxation shall certify or cause to be certified the accuracy and precision of the breath- testing component of the ignition interlock devices as required by § 92301 of this Article, and shall publish a list of approved devices, together wi…