Guam § 92203 - Administrative Revocation or Suspension of Driving

§ 92203. Administrative Revocation or Suspension of Driving

Privilege and License Procedures.

(a) If a person is arrested for a violation of § 92102 of this

Chapter, on a determination by the police officer that there was

reasonable cause for the arrest then:

(1) the police officer shall inform the person that he or

she has the option of taking blood or urine, or breath test,

(2) the police officer shall also inform the person that a

refusal to submit to or a failure to complete the blood or

urine, or breath tests may be used in evidence against him or

her in criminal proceedings, and that he or she may be

subject to administrative suspension or revocation by the

Department of his or her privileges and license or permit to

operate a motor vehicle, and

(3) the officer also shall inform the person that a

refusal to take the test or a failure to complete the test

requires the officer to immediately take custody of the

person’s driver’s license for forwarding to the Department.

(b) The police officer complies with the requirements of §

92203(a) of this Chapter and the person refuses to submit to or

fails to complete the blood or breath test, then the police officer

shall within three (3) working days of the arrest sign and submit

to the Department an affidavit or declaration under penalty of

perjury setting forth such facts.

COL6/5/2019

(c)(1) Upon receipt by the Department of the police officer's

affidavit or declaration, an administrative action shall

commence and the Department shall within ten (10)

working days notify the person in writing of the

commencement thereof.

(2) Notice of the administrative action shall be

provided to the person as follows:

(A) By delivering a copy thereof to the person; or

(B) By leaving a copy thereof at the person's

dwelling house or usual place of abode with some

person of suitable age and discretion residing therein;

or

(C) By mailing a copy thereof to the person at his

or her last known address through certified or

registered mail.

(3) The notice of the administrative action shall inform

the person of the matters set forth in §§ 92202 and 92203 of

this Chapter.

(d) Within fifteen (15) working days from the date of

receipt of the notice from the Department, the person may

request in writing a hearing on a form provided by the

Department in its notice of the action taken.

(e) Upon receipt by the Department of the person's written

request for a hearing, the Department shall within five (5)

working days notify the person of a hearing date in the same

manner as set forth in subsection (c), (1), (2), and (3), of this §

92203.

(1) The Department shall schedule the hearing to

commence within fifteen (15) working days of the person's

written request for the hearing.

(2) The Director or his designee shall preside at and

conduct the hearing.

(f) The scope of the hearing shall be limited to whether the

requirements of this § 92203 were met.

COL6/5/2019

(g) At the commencement of the initial or continued

hearing, if for any reason the person who is alleged to have

refused to submit to or failed to complete blood or urine, or

breath testing did not surrender his or her driver’s license to the

arresting officer, the person shall surrender to the Department

any license or permit issued in the name of the person which

authorizes the person to drive and be in physical control of a

vehicle, and which license or permit was not previously

suspended or revoked.

(h)(1) At the hearing the driver has the burden of proof to

show by the preponderance of the evidence that the

requirements of this § 92203 were not met.

(2) If the hearing is continued to another date and time

by the Director, or the Director’s designee, or if at the

conclusion of the initial or continued hearing, the Director,

or the Director’s designee, dismisses the administrative

action, then the Department shall return the person’s

driver’s license or permit to him or her.

(i) (1) At the conclusion of the initial or continued hearing,

the Director or his designee shall render a decision

(A) to suspend or revoke the person's driving

privilege and license or permit, as authorized under §

92202 of this Act, or

(B) to dismiss the administrative action.

(2) The decision and order of the Director or his

designee shall be final but subject to judicial review.

(j) If the Director or his designee determines, upon a

hearing of the matter, to suspend or revoke the person’s privilege

and license or permit to operate a motor vehicle, the suspension

or revocation decision shall thereupon become effective.

(1) If the person does not appear at that hearing, the

Director or his designee shall, in writing, determine, based

upon a preponderance of the evidence, that the person

whose license or permit is to be suspended or revoked is the

person so charged and shall declare that by default the

license or permit is revoked or suspended.

COL6/5/2019

(2) If the person does appear at the hearing, the

Director or his designee shall, in writing, based upon the

preponderance of the evidence, show that the person was

(A) either driving and in physical control of the

motor vehicle or not,

(B) either refused to take a breathalyzer or blood

test or did not, and

(C) either was given adequate warning of the

alternatives before so suspending or revoking the

person's license or permit or was not.

(k) If the Director's or his designee’s decision is to revoke

or suspend the person's privilege and license or permit to drive,

the person may file a petition for judicial review in the Superior

Court of Guam within ten (10) working days of such decision

and order.

(1) The filing of the petition shall not operate as a stay

of the administrative revocation or suspension nor shall the

court stay the administrative revocation or suspension

pending the outcome of the judicial review.

(2) The petition shall state with specificity the grounds

upon which the petitioner seeks reversal of the

administration revocation.

(3) The court shall schedule the judicial review as soon

as practicable, and the review shall be on the record of the

administrative hearing without taking additional testimony

or evidence.

(4) If the petitioner fails to appear without just cause,

the court shall affirm the administrative revocation or

suspension.

(5) The sole issues before the court shall be whether

the Department exceeded constitutional or statutory

authority, erroneously interpreted the law, acted in an

arbitrary or capricious manner, committed an abuse of

discretion, or made a determination that is unsupported by

the evidence in the record.

COL6/5/2019

(6) Unless the administrative revocation or suspension

is reversed, the revocation or suspension shall become

effective as set out in subsection (j) of this § 92203.

(l) Failure of the peace officer or the Department to comply

with the requirements in subsections (a), (b), (c), (e) or (i) of this