A person convicted of a third violation of driving while impaired, and the offense occurred within five (5) years of two (2) separate prior convictions for such an offense, is guilty of a felony of the third degree and, notwithstanding any other provision of law, shall be sentenced as follows:

(a) A term of incarceration of not less than a mandatory of ninety (90) days, nor more than five (5) years; provided, however, that if the defendant agrees to voluntarily participate in, and successfully complete all the terms and conditions of the DWI Treatment Court Program, the court may reduce the mandatory incarceration time from ninety (90) days to no less than thirty (30) days, otherwise the defendant shall serve the full ninety (90) days.

(b) A mandatory fine of not less than Four Thousand
Dollars ($4,000), and not more than Seven Thousand
Dollars ($7,000).

(c)(1) Revocation of a person’s driving privilege for not less than two (2) years, which time period may be reduced at the discretion of the court provided on motion by the defendant that he has

(A) completed court-approved treatment; (B) paid all fines and fees;
(C) has not been charged with a subsequent criminal offense; and

(D) the probation officer recommends reduction based on satisfactory performance.

(2) The court may further reduce the period of suspension by no more than fifty percent (50%), provided the defendant agrees to have installed either a breath alcohol ignition interlock device (BAIID) as ordered by the court, or an electronic alcohol monitoring device approved by the court.

(d) The court shall order the person to be placed on probation for not less than three (3) years, and not more than five (5) years.

(e) The court shall notify the Department of Revenue and Taxation of each conviction of this Section.

2018 NOTE: Subsection/subitem designations altered/added in subsection (c) pursuant to the authority of 1 Guam Code Ann. § 1606.