Guam § 92202 - Sanctions for Refusal to Submit to or Failure to

§ 92202. Sanctions for Refusal to Submit to or Failure to

Complete a Blood, or Breath Test.

(a) If any person refuses a police officer’s request to submit

to, or fails to complete a blood or breath test or tests, upon

receipt of a police officer’s sworn statement, affidavit or written

declaration under penalty of perjury that the police officer had

reasonable cause to believe the person had been operating and in

physical control of a motor vehicle in violation of § 92102 of this

Chapter and that the person refused to submit to, or failed to

complete, the blood or breath tests after having been informed by

the police officer of the consequences under subsection (f) of §

92201 and this § 92202 for refusing to submit to or failing to

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complete the blood or breath test or tests, then the Department of

Revenue and Taxation (the Department) shall administratively

(1) suspend the person’s privilege and license or permit

to operate a motor vehicle for a period of six (6) months, or

(2) revoke the person's privilege and license or permit

to operate a motor vehicle for a period of two (2) years if

(A) the person has been convicted of a separate

prior violation of § 92102 or

(B) has been administratively determined to have

committed a prior violation of § 92102 of this Chapter

or

(C) convicted of any prior offense of driving

under the influence violation, or

(D) any combination thereof, within five (5) years

of the date of the refusal, or

(E) failure to complete the blood or breath test, or

(3) revoke the person's privilege and license or permit

to operate a motor vehicle for a period of three (3) years if

(A) the person has been convicted of two (2) or

more prior violations of § 92102 or

(B) has been administratively determined to have

committed two (2) or more prior violations of § 92202

of this Chapter or

(C) convicted of any two (2) or more offenses of

driving under the influence, or

(D) any combination thereof, within five (5) years

of the date of the refusal or

(E) failure to complete the blood or breath test.

(b) For the purposes of this Chapter, police officer

means an officer of the Guam Police Department, or a

security officer of either the Guam Airport Authority or the

Guam Port Authority but only while such security officer is

carrying on his or her duties within the confines of the

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property under the control and jurisdiction of the Authority

by which he or she is employed.