Guam § 92126 - Presumptions Affecting the Burden of Proof:

§ 92126. Presumptions Affecting the Burden of Proof:

Defenses.

(a) The amount of alcohol in a person’s blood as shown by

an analysis of that person’s blood or breath shall give rise to the

following presumptions affecting the burden of proof:

(1) If there was at that time less than 0.08 percent by

weight of alcohol in the person’s blood, that fact shall not

give rise to any presumption that the person was or was not

under the influence of an alcoholic beverage, but the fact

may be considered with other competent evidence in

determining whether the person was driving while under the

influence of alcohol at the time of the alleged offense.

(2) If there was at that time 0.08 percent or more by

weight of alcohol in the person’s blood, or 0.04 percent or

more by weight of alcohol in a person’s blood who is under

the age of twenty-one (21), it shall be presumed that the

person was under the influence of an alcoholic beverage at

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the time of the alleged offense.

(b) Before such presumptions are made in cases involving

a breath test, the People must show the following by a

preponderance of the evidence:

(1) that the instrument used for the breath test was

properly checked and in proper working order at the time of

conducting of the breath test;

(2) that the person had nothing in his mouth at the

time of the breath test, and that he had taken no food or

drink within fifteen (15) minutes prior to taking the breath

test; and

(3) that the breath test was given by a qualified

operator and in the proper manner;

(4) The provisions of this Subsection shall not be

construed as limiting the introduction of any other

competent evidence bearing upon the question whether the

person ingested alcohol, or was driving while impaired at

the time of the alleged offense.

(c) It is a rebuttable presumption that a person was under

the influence of alcohol if the person had 0.08 percent or more,

by weight, of alcohol in his or her blood at the time of the

performance of a blood or breath test within three (3) hours after

driving.

(d) It is a rebuttable presumption that a person under the

age of twenty-one (21) was under the influence of alcohol if the

person had 0.04 percent or more, by weight, of alcohol in his or

her blood at the time of the performance of a blood or breath test

within three (3) hours after driving.

(e) As allowed under Title 9 GCA, Chapter 4, § 4.45, in

proving that the person did any act forbidden by law, it shall not

be necessary to prove that the person possessed a culpable

mental state.

(f) The fact that any person, charged in violation of this

Chapter, is or has been entitled to use a controlled substance

shall not constitute a defense.

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ARTICLE 2

IMPLIED CONSENT AND SUSPENSION OR

REVOCATION OF DRIVING PRIVILEGES AND LICENSE