Guam § 92301 - Ignition Interlock Devices, Requiring; Unlawful

§ 92301. Ignition Interlock Devices, Requiring; Unlawful

Acts.

(a)(1) In addition to any other authorized penalties, the

Court may require that any person who is convicted of

driving under the influence in violation of this Chapter shall

not operate a motor vehicle unless that vehicle is equipped

with a functioning ignition interlock device certified by the

Department as provided in § 92302 of this Article, and

installed in such a manner that the vehicle will not start if

the operator’s blood alcohol level is in excess of five one-

hundredths of one percent (0.05%) or as otherwise specified

by the court.

(2) The court may require the use of an approved

ignition interlock device for a period of not less than six (6)

months, if the person is permitted to operate a motor

vehicle, whether or not the privilege to operate a motor

vehicle is restricted, as determined by the court.

(3) The court, however, shall order placement of an

ignition interlock device in those circumstances required by

this Chapter.

(b) If the court imposes the use of an ignition interlock

device, the court shall:

(1) stipulate on the record the requirement for, and the

period of, the use of a certified ignition interlock device;

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(2) order that the records of the Department reflect

such requirement;

(3) order that an ignition interlock device be installed,

as the court may determine necessary, on any vehicle owned

or operated by the person;

(4) determine the person’s ability to pay for installation

of the device if the person claims inability to pay. If the

court determines that the person is unable to pay for

installation of the device, the court may order that any

portion of a fine paid by the person for a violation of this

Chapter shall be allocated to defray the costs of installing

the device; and

(5) require proof of installation of the device and

periodic reporting to the Department for verification of the

operation of the device in the person’s vehicle.

(c) (1) If the court imposes the use of an ignition interlock

device on a person whose driving privilege is not suspended

or revoked, the court shall require the person to provide

proof of compliance to the Department within thirty (30)

days.

(2) If the person fails to provide proof of installation

within that period, absent a finding by the court of good

cause for that failure which is entered in the court record,

the court shall notify the Department of Revenue and

Taxation.

(d) If the court imposes the use of an ignition interlock

device on a person whose driving privilege is suspended or

revoked for a period of less than three (3) years, the department

shall require proof of compliance before reinstatement of the

person’s driving privilege.

(e) (1) In addition to any other provision of law upon

conviction of a violation of this Section, the Department

shall revoke the person’s driving privilege for one (1) year

from the date of conviction. Upon conviction of a separate

violation of this Section during the same period of required

use of an ignition interlock device, the Department shall

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revoke the person’s driving privilege for five (5) years from

the date of conviction.

(2) Any person convicted of a violation of Subsection

(f) hereof who does not have a driver’s license shall, in

addition to any other penalty provided by law, pay a fine of

not less than Two Hundred Fifty Dollars ($250) or more

than Five Hundred Dollars ($500) per each such violation.

In the event that the person is unable to pay any such fine,

the fine shall become a lien against the motor vehicle used

in violation of Subsection (f) hereof and payment shall be

made pursuant to Title 16 GCA § 7172.

(f) (1) It is unlawful to tamper with or to circumvent the

operation of a court-ordered ignition interlock device.

(2) It is unlawful for any person whose driving

privilege is restricted pursuant to this Section to request or

solicit any other person to blow into an ignition interlock

device or to start a motor vehicle equipped with the device

for the purpose of providing the person so restricted with an

operable motor vehicle.

(3) It is unlawful to blow into an ignition interlock

device or to start a motor vehicle equipped with the device

for the purpose of providing an operable motor vehicle to a

person whose driving privilege is restricted pursuant to this

Section.

(4) It is unlawful to knowingly lease or lend a motor

vehicle to a person who has had his or her driving privilege

restricted as provided in this Section, unless the vehicle is

equipped with a functioning, certified ignition interlock

device.

(5) Any person whose driving privilege is restricted

under a condition of probation requiring an ignition

interlock device shall notify any other person who leases or

loans a motor vehicle to him or her of such driving

restriction.

(g) (1) Notwithstanding the provisions of this Section, if a

person is required to operate a motor vehicle in the course

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and scope of his or her employment and if the vehicle is

owned by the employer, the person may operate that vehicle

without installation of an approved ignition interlock device

if the employer has been notified of such driving privilege

restriction and if proof of that notification is with the

vehicle.

(2) This employment exemption does not apply,

however, if the business entity which owns the vehicle is

owned or controlled by the person whose driving privilege

has been restricted.

(h) In addition to the penalties provided in this Section, a

violation of this Section is a traffic violation, punishable as a

nonmoving violation as provided in Title 16 GCA, Chapter 9.