Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In 9 Guam Code Ann. § 92105

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A person convicted of a second violation of driving while impaired, and the offense occurred within five (5) years of a prior conviction, is guilty of a misdemeanor, and shall be sentenced as follows:

(a) A term of incarceration of not less than a mandatory seven (7) days, nor more than one (1) year.

(b) A mandatory minimum fine of not less than Two Thousand Dollars ($2,000), and not more than Five Thousand Dollars ($5,000).
(c) The court shall order the person to be placed on probation for not more than three (3) years.

(d) Suspension of a person’s driving permit for one (1) year, with no occupational driving privileges, which time period may be reduced at the discretion of the Court, provided on motion by the defendant that he has:

(1) completed court-approved treatment; (2) paid all fines and fees;
(3) has not been charged with a subsequent criminal offense; and

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

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