Guam § 92109 - Driving While Impaired With Child On Board:

§ 92109. Driving While Impaired With Child On Board:

Felony Punishment.

A person convicted of driving while impaired is guilty of a

felony of the third degree if at the time of arrest, he or she was

operating a motor vehicle in which a child under the age of

sixteen (16) was a passenger, or if a child under the age of

sixteen (16) was injured as a result of an accident in which the

motor vehicle operated by the impaired person was involved, and

notwithstanding any other provision of law, shall be sentenced as

follows:

(a) A term of incarceration of not more than five (5)

years.

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

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

($5,000).

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

not less than one (1) year without occupational driving

privileges, 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

COL6/5/2019

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 notify the Department of Revenue

and Taxation of each conviction of this Section.

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

the authority of 1 GCA § 1606.