(a) If any person refuses a police officer’s request to submit to, or fails to complete a blood or breath test or tests, upon receipt of a police officer’s sworn statement, affidavit or written declaration under penalty of perjury that the police officer had reasonable cause to believe the person had been operating and in physical control of a motor vehicle in violation of § 92102 of this Chapter and that the person refused to submit to, or failed to complete, the blood or breath tests after having been informed by the police officer of the consequences under subsection (f) of § 92201 and this § 92202 for refusing to submit to or failing tocomplete the blood or breath test or tests, then the Department of
Revenue and Taxation (the Department) shall administratively

(1) suspend the person’s privilege and license or permit to operate a motor vehicle for a period of six (6) months, or

(2) revoke the person’s privilege and license or permit to operate a motor vehicle for a period of two (2) years if

(A) the person has been convicted of a separate prior violation of § 92102 or

(B) has been administratively determined to have committed a prior violation of § 92102 of this Chapter or

(C) convicted of any prior offense of driving under the influence violation, or

(D) any combination thereof, within five (5) years of the date of the refusal, or

(E) failure to complete the blood or breath test, or

(3) revoke the person’s privilege and license or permit to operate a motor vehicle for a period of three (3) years if

(A) the person has been convicted of two (2) or more prior violations of § 92102 or

(B) has been administratively determined to have committed two (2) or more prior violations of § 92202 of this Chapter or

(C) convicted of any two (2) or more offenses of driving under the influence, or

(D) any combination thereof, within five (5) years of the date of the refusal or

(E) failure to complete the blood or breath test.

(b) For the purposes of this Chapter, police officer means an officer of the Guam Police Department, or a security officer of either the Guam Airport Authority or the Guam Port Authority but only while such security officer is carrying on his or her duties within the confines of the
property under the control and jurisdiction of the Authority by which he or she is employed.

SOURCE: Enacted as 16 Guam Code Ann. § 18202 by P.L. 22-020:2 (June 22,
1993). Repealed/reenacted by P.L. 22-146:5 (Dec. 29, 1994). Transferred to Chapter 92, Title 9 Guam Code Ann. by P.L. 34-107:6 (June 5, 2018), and renumbered pursuant to P.L. 34-107:6.

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

References to Chapter 18 of Title 16 GCA have been altered to the current codification in Chapter 92 of Title 9, pursuant to P.L. 34-107:5 (June 5, 2018).