Guam § 69200 - Definitions.

§ 69200. Definitions.

As used in this Chapter:

(a) Operating under the influence or while intoxicated

means any person operating or in physical control of any

motorboat or vessel, or similar device under the influence of an

alcoholic beverage or a controlled substance or a combination

thereof, when as a result of consuming such alcoholic beverage

or controlled substance or the combination thereof, his or her

physical or mental abilities are impaired to such a degree that he

or she no longer has the ability to operate the motorboat or vessel

with the caution characteristics of a sober person of ordinary

prudence, under the same or similar circumstance, and includes

any person operating or in actual physical control of a motorboat

or vessel, or similar device, who has eight one-hundredths of one

percent (0.08%) or more, by weight, of alcohol in his or her

blood.

(b) Percent of alcohol by weight hall be based upon grams

of alcohol per one hundred (100) milliliters of blood.

(c) Prior offense of operating under the influence includes a

conviction based on laws regarding the operation of motorboats

or vessels under the influence in effect prior to enactment of this

Chapter, or under laws in any other jurisdiction in the world if

the offense upon which the conviction is based would, if

committed in Guam, be a violation of '69201 of this Chapter.

(d) Controlled substances means those so defined by

Chapter 67, Title 9, Guam Code Annotated, the Uniform

Controlled Dangerous Substances Act.

COL6/5/2019

(e) Motorboat or Vessel Homicide means a person who does

any act forbidden by law in the operation of a motorboat or

vessel or who negligently operates a motorboat or vessel, which

act or negligence proximately causes death to any person other

than the operator.

(f) Motorboat or Vessel homicide while intoxicated means a

person, while operating a motorboat or vessel under the

influence does any act forbidden by law in the operation of a

motorboat or vessel or if he or she negligently operates a

motorboat or vessel, which act or negligence proximately causes

death to any person other than the operator.

(g) Negligence means the failure to use the ordinary or

reasonable care which a person of ordinary prudence would use

in order to avoid injury to himself or others under similar

circumstances.

(h) Reasonable cause means such a state of facts as would

lead a person of ordinary care and prudence to believe and

conscientiously entertain an honest strong suspicion that the

person operating and in physical control of a motorboat or vessel

is under the influence of alcohol or of a controlled substance or

of a combination thereof.