10 Guam Code Ann. § 69212
Terms Used In 10 Guam Code Ann. § 69212
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) The blood or breath tests shall be administered at the request of the peace officer having reasonable cause to believe the person operating or in actual physical control of a motorboat or vessel within Guam’s Exclusive Economic Zone is under the influence of alcohol or controlled substances only after: (1) a lawful arrest, and (2) the person has been informed by a peace officer that his or her refusal to be tested may be used in evidence against him or her in any charge arising from the arrest.
(c) If there is probable cause to believe that a person is in violation of § 69201 of this Chapter, then the person shall have the option of using a blood or breath test for the purpose of determining the alcohol or controlled substance content of that person’s blood.
(d) No person, other than a physician, registered nurse, or person licensed in a clinical laboratory, may withdraw blood for the purpose of determining the alcohol or controlled substance content thereof. This limitation shall not be apply to the taking of a breath specimen.
(e) The implied consent of a person to be tested shall not be withdrawn by reason of the person’s being dead, unconscious or in any other state which renders the person incapable of
10 Guam Code Ann. HEALTH AND SAFETY
CH. 69 BOATING
consenting or refusing to be tested. In such event, a test of the person’s blood shall be administered.
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