Guam § 92105 - Second Offender Conviction: Punishment.

§ 92105. Second Offender Conviction: Punishment.

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 more than one (1) year.

(b) A mandatory minimum fine of not less than Two

Thousand Dollars ($2,000), and not more than Five

Thousand Dollars ($5,000).

COL6/5/2019

(c) The court shall order the person to be placed on

probation for not more than three (3) years.

(d) Suspension of a person’s driving permit for one

(1) year, with no occupational driving privileges, which

time period may be reduced at the discretion of the Court,

provided on motion by the defendant that he has:

(1) completed court-approved treatment;

(2) paid all fines and fees;

(3) has not been charged with a subsequent

criminal offense; and

(4) the probation officer recommends reduction

based on satisfactory performance. The court may

further reduce the period of suspension by no more

than fifty percent (50%), provided the defendant agrees

to have installed either a breath alcohol ignition

interlock device (BAIID) as ordered by the court, or an

electronic alcohol monitoring device approved by the

court.

(e) The court shall notify the Department of Revenue

and Taxation of each conviction of this Section.