Guam § 92107 - Fourth Offender Conviction: Felony Punishment.

§ 92107. Fourth Offender Conviction: Felony Punishment.

A person convicted of a fourth violation of driving while

impaired, and the offense occurred within seven (7) years of

three (3) separate prior convictions for driving while under the

influence, is guilty of a felony of the third degree, and

notwithstanding any other provision of law, shall be sentenced as

follows:

(a)(1) A term of incarceration of not less than a

minimum mandatory one (1) year, nor more than six

COL6/5/2019

(6) years.

(2) A mandatory minimum fine of not less than

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

Seven Thousand Dollars ($7,000).

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

not less than three (3) 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.

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

probation for not less than four (4) years, and not more than

six (6) years.

(d) The court shall notify the Department of Revenue

and Taxation of each conviction of this Section.

2018 NOTE: Subsection/subitem designations altered/added pursuant to

the authority of 1 GCA § 1606.