Guam § 69201 - Influence of Alcohol and Controlled Substances;

§ 69201. Influence of Alcohol and Controlled Substances;

Causing Bodily Injury to Person Other than Operator;

Alcoholic Content in Blood; Proof.

(a) It is unlawful for any person, while under the influence

of an alcoholic beverage or any controlled substance, or under

the combined influence of an alcoholic beverage and any con-

trolled substance, to operate or be in physical control of any

motorboat or vessel, or similar device.

(b) It is unlawful for any person, while having eight one-

hundredths of one percent (0.08%) or more, by weight, of

alcohol in his or her blood to operate or be in physical control of

any motorboat or vessel, or similar device.

(c) It is unlawful for any person, while under the influence

of an alcoholic beverage or any controlled substance, or under

the combined influence of an alcoholic beverage and any

controlled substance, to operate or be in physical control of any

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motorboat or vessel, or similar device and, when doing so, do

any act forbidden by law or neglect any duty imposed by law in

the operation of such device or who negligently operates such

device, which act or neglect or negligence proximately causes

bodily injury to any person other than the operator.

(d) It is unlawful for any person, while having eight one-

hundredths of one percent (0.08%) or more, by weight, of

alcohol in his or her blood to operate or be in physical control of

any motorboat or vessel, or similar device and, when doing so,

do any act forbidden by law or neglect any duty imposed by law

in the operation of such vessel, which act or neglect proximately

causes bodily injury to any person other than the operator.

(e) In any prosecution under this Section, it is a rebuttable

presumption that the person with eight one-hundredths of one

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

blood at the time of operating or in actual physical control of any

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

alcohol if the person had eight one-hundredths of one percent

(0.08%) or more, by weight, of alcohol in his or her blood at the

time of the performance of a blood or breath test within three (3)

hours after the driving.

(f) In proving the person neglected any duty imposed by law

in the operation of any motorboat or vessel, or similar device, it

is not necessary to prove that any specific Section of this Title

was violated.

(g) (1) Notwithstanding the other provisions of this

Section, a person under the age of eighteen (18) shall be

guilty of a violation of Subsections (b) or (d) of this Section

if such person shall be found within three (3) hours of his or

her arrest for a violation of this Section to have four one-

hundredths of one percent (0.04%) or more, by weight, of

alcohol in his or her blood.

(2) A person convicted for the first time of a violation

of Item (1) of this Subsection shall be guilty of a

misdemeanor.