Guam § 92108 - Vehicular Negligence: Bodily Injuries.

§ 92108. Vehicular Negligence: Bodily Injuries.

(a) It is unlawful for any person to operate or be in

physical control of a motor vehicle while driving impaired and,

when doing so, do any act forbidden by law or neglect any duty

imposed by law in the driving of the vehicle, or who negligently

drives a vehicle, which act or neglect or negligence proximately

causes bodily injury to any person other than the driver.

COL6/5/2019

(b) It is unlawful for any person to operate or be in

physical control of a motor vehicle while having 0.08 percent or

more, by weight, of alcohol in his or her blood and, when doing

so, do any act forbidden by law or neglect any duty imposed by

law in the driving of the vehicle, or who negligently drives a

vehicle, which act or neglect or negligence proximately causes

bodily injury to any person other than the driver.

(c) It is unlawful for any person under the age of twenty-

one (21) to operate or be in physical control of a motor vehicle if

such person is found to have 0.04 percent or more, by weight, of

alcohol in his or her breath or blood, and, when doing so, do any

act forbidden by law or neglect any duty imposed by law in the

driving of the vehicle, or who negligently drives a vehicle, which

act or neglect or negligence proximately causes bodily injury to

any person other than the driver.

(d) Any violation of Subsection (a), (b) or (c) shall be

punished as a felony of the third degree, and notwithstanding any

other provision of law, shall be sentenced as follows:

(1) A term of incarceration of up to three (3) years for

a first conviction under this Section, and up to five (5) years

in the event of a prior conviction of driving while impaired.

(2) A mandatory fine of not less than Three Thousand

Dollars ($3,000), and not more than Five Thousand Dollars

($5,000).

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

probation for not more than five (5) years.

(4) Suspension of a person’s driving privilege for not

more than five (5) years, which time period may be reduced

in 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

COL6/5/2019

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.

(5) The court shall notify the Department of Revenue

and Taxation of each conviction of this Section.

(e) In proving the person neglected any duty imposed by

law in driving the vehicle, it is not necessary to prove that any

specific section of this Chapter was violated.