Guam § 92201 - Implied Consent of Driver of Motor Vehicle to

§ 92201. Implied Consent of Driver of Motor Vehicle to

Submit to Blood or Urine, or Breath Testing to Determine

Alcohol or Controlled Substances Content of Blood and

Urine.

(a) Any person who operates a motor vehicle on the public

highways or roadways of Guam shall be deemed to have given

consent to a blood or urine, or breath test for the purpose of

determining the alcohol or controlled substance content of the

person’s blood or urine.

(b) The blood or urine, or breath tests shall be administered

at the request of the peace officer having reasonable cause to

believe the person driving or in actual physical control of a

motor vehicle upon the public highways or roadways is under the

influence of alcohol or controlled substances only after:

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(1) a lawful arrest, and

(2) the person has been informed by a peace officer of

the sanctions that may result from his or her refusal to be

tested.

(c) If there is probable cause to believe that a person is in

violation of § 92102 of this Chapter, then the person shall have

the option of using a blood or urine, or breath test for the purpose

of determining the alcohol or controlled substance content of that

person’s blood or urine.

(d) No person other than the authorized staff of a licensed

clinical laboratory certified by Health Care Financing

Administration Clinical Laboratory Improvement Act (‘HCFA-

CLIA’), or by the Joint Commmisssion of Acceditation of Health

Organization may withdraw blood or urine for the purpose of

determining the alcohol or controlled substance content thereof.

(1) This limitation shall not apply to the taking of a

breath specimen.

(2) As soon as the results of a blood or urine test per-

formed pursuant to this Section are available, the custodian

of the record of the test shall provide, without subpoena, a

true copy of the results of the tests to the Guam Police

Department or criminal prosecutors.

(3) No physician, nurse, hospital, clinical laboratory or

any employee thereof, shall be subject to civil liability or

suit for providing blood or urine test results as required by

the Subsection.

(e) The implied consent of a person to be tested shall not be

withdrawn by reason of the person’s being dead, unconscious or

in any state which renders the person incapable of consenting or

refusing to be tested. In such event, a test of the person’s blood

or urine shall be administered.

(f) If a person under arrest refuses to submit to a breath or

blood or urine test, none shall be given. The person shall be

warned, however, that his or her failure to be tested may be used

in evidence against him or her in any charge arising from the

arrest.

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(g) In addition to the warnings provided in Subsection (f) of

this Section, the arresting officer shall warn the person that

refusal to submit to a blood or urine, or breath test will result

also in the following:

(1) the person must immediately surrender his or her

driver’s license to the officer;

(2) the officer will take custody of the license and will

forward it to the Department of Revenue and Taxation,

Motor Vehicle Division, along with the officer’s sworn

statement, affidavit or written declaration as required by §

92202 of Title 9 of the Guam Code Annotated; and

(3) the driver’s license will not be returned and the

person’s driving privileges restored until completion of all

administrative and court proceedings against the person, and

it is so ordered by the Director of Revenue and Taxation or

the courts.