Guam § 92106 - Third Offender Conviction: Felony Punishment.

§ 92106. Third Offender Conviction: Felony Punishment.

A person convicted of a third violation of driving while

impaired, and the offense occurred within five (5) years of two

(2) separate prior convictions for such an offense, is guilty of a

felony of the third degree and, notwithstanding any other

provision of law, shall be sentenced as follows:

(a) A term of incarceration of not less than a

mandatory of ninety (90) days, nor more than five (5) years;

provided, however, that if the defendant agrees to

voluntarily participate in, and successfully complete all the

terms and conditions of the DWI Treatment Court Program,

the court may reduce the mandatory incarceration time from

ninety (90) days to no less than thirty (30) days, otherwise

the defendant shall serve the full ninety (90) days.

(b) A mandatory fine of not less than Four Thousand

COL6/5/2019

Dollars ($4,000), and not more than Seven Thousand

Dollars ($7,000).

(c)(1) Revocation of a person’s driving privilege for

not less than two (2) years, which time period may be

reduced at the discretion of the court provided on

motion by the defendant that he has

(A) completed court-approved treatment;

(B) paid all fines and fees;

(C) has not been charged with a subsequent

criminal offense; and

(D) the probation officer recommends

reduction based on satisfactory performance.

(2) 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.

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

probation for not less than three (3) years, and not more

than five (5) years.

(e) The court shall notify the Department of Revenue

and Taxation of each conviction of this Section.

2018 NOTE: Subsection/subitem designations altered/added in

subsection (c) pursuant to the authority of 1 GCA § 1606.