Guam § 92101 - Definitions.

§ 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

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to a public or private franchise operating over a regularly

scheduled route.

(e) Controlled substance 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

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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 highway 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.