Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
felony of the third degreeup to 5 yearsup to $5,000
For details, see 9 Guam Code Ann. § 80.30

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Terms Used In 9 Guam Code Ann. § 92107

  • 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 fourth violation of driving while impaired, and the offense occurred within seven (7) years of three (3) separate prior convictions for driving while under the influence, is guilty of a felony of the third degree, and notwithstanding any other provision of law, shall be sentenced as follows:

(a)(1) A term of incarceration of not less than a minimum mandatory one (1) year, nor more than six
(6) years.

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

(b)(1) Revocation of a person’s driving privilege for not less than three (3) 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.

(c) The court shall order the person to be placed on probation for not less than four (4) years, and not more than six (6) years.

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

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