Guam § 69202 - Driving While Intoxicated; Presumptions.

§ 69202. Driving While Intoxicated; Presumptions.

COL6/5/2019

(a) Upon the trial of any criminal action, or preliminary

proceeding in a criminal action, arising out of acts alleged to

have been committed by any person while operating or being in

actual physical control of any motorboat or vessel, or similar

device, while under the influence of an alcoholic beverage in

violation of Subsections (b) or (d) of '69201 of this Chapter, the

amount of alcohol in the person's blood at the time of the test 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 eight one-

hundredths of one percent (0.08%) by weight of alcohol in

the person's blood, that fact shall not give rise to any

presumption that the person was or was not under the

influence of an alcoholic beverage, but the fact may be

considered with other competent evidence in determining

whether the person was under the influence of an alcoholic

beverage at the time of the alleged offense.

(2) If there was at that time eight one-hundredths of

one percent (0.08%) or more by weight of alcohol in the

person's blood, it shall be presumed that the person was

under the influence of an alcoholic beverage at the time of

the alleged offense.

(b) Before such presumptions are made in cases involving a

breath test, the prosecuting attorney must show the following by

a preponderance of the evidence:

(1) that the instrument used for the test was properly

checked and in proper working order at the time of

conducting the test;

(2) that any chemicals employed in the test were of the

correct kind and compounded in the proper proportions;

(3) that the person had nothing in his mouth at the time

of the test and that he had taken no food or drink within

fifteen (15) minutes prior to taking the test;

(4) that the test was given by a qualified operator and

in the proper manner.

COL6/5/2019

The provisions of this Subsection shall not be construed as

limiting the introduction of any other competent evidence

bearing upon the question whether the person ingested any

alcoholic beverage or was under the influence of an alcoholic

beverage at the time of the alleged offense.