Guam Drunk Driving Defense Attorneys

1. Ross Putnam:

   Do you need legal representation if charged with a DUI on Guam?

   Like the rest of the United States, DUI is considered a serious public safety matter on Guam. If suspected of driving under the influence of alcohol, you will be detailed and possibly arrested. Penalties for DUI on Guam can be severe and include:

   Possible jail time of 48 hours to 1 year.
   Potential fines of up to $4,000.
   Administrative suspension of license of up to 6 months.
   Judicial loss of license of 6 months to 5 years. .
   Possible confiscation of vehicle.
   Significant increase in automobile insurance costs.
   Inability to obtain employment requiring a security clearance.

   How can an attorney help avoid or mitigate the above penalties?

   Protect your rights. When you are stopped for suspected DUI , you have specific rights established by law. A competent attorney will be able to review your arrest and booking records to ensure that proper procedure was followed. If not, the charges may be dropped or changed to a lesser charge.

   Negotiate a lesser plea. The goal of the Guam legal system is to ensure the general public safety and save lives, not to jail or fine as many people as possible. Guam courts are overloaded with cases to such an extent that once charged with DUI, a driver may not have a scheduled court date for as long as 1 year. Depending on the situation, your attorney may persuade the prosecutor that the situation can be corrected, and Court time and money saved, by negotiating a lesser plea rather than pursuing a DUI conviction.

   Represent you in an administrative license suspension proceedings. Ensure your rights are protected and license is not suspended without due process. The administrative hearing and suspension are based on the Guam Implied Consent Law and is separate and distinct from action in a criminal court on the DUI charge.

   Guam DUI Law

   The Guam SAFE STREET ACT, Public Law 22-20, Title 16 Guam Code Annotated, Chapt. 18, July 23, 1993, defines DUI as driving with a blood alcohol rate of 0.08% or higher and specifies mandatory jail time for any DUI conviction.

   If you are stopped while driving on Guam and suspected of driving under the influence of alcohol, you will likely be asked to consent to a field sobriety or blood alcohol breathalyzer test. Guam operates announced DUI checkpoints where drivers will be observed and, if suspected of DUI, may also be asked to consent to a breathalyzer test. Should you fail either, you will likely be arrested.

   In most cases you will be booked and released if you are capable and have alternative means to return home. Your vehicle will be left at the location where you are arrested and may be towed if it is obstructing traffic.

   Implied Consent. The Guam implied consent law stipulates that any person who operates a motor vehicle on the public roadways of Guam shall be deemed to have given consent to a blood alcohol test. Refusal to submit to a blood alcohol test may result in an administrative suspension of your driver’s license by the Guam Department of Revenue and Taxation for up to 6 months.

   Administrative vs Judicial Penalties. It is important to note the difference between a DUI conviction and an administrative suspension of your driver’s license. A judicial conviction in a court of law may result in a criminal record, jail time, fine, suspension of driver’s license or other penalties. An administrative suspension of your license does not involve a trial in a criminal court nor does it result in a criminal record. The two penalties are separate and distinct, are adjudicated by separate and distinct bodies of the Government of Guam and may both be imposed simultaneously and concurrently. This does not constitute double jeopardy.

   Guam DUI Penalties:

   1st Offense (Misdemeanor)

   Imprisonment: Minimum mandatory 48 hours.
   Fine: Mandatory $1,000.00 not more than $5,000.00.
   Loss of Driving Privilege: Six (6) months suspension.
   Additional Penalties: The judge may require the offenders to pay restitution to persons injured or for property damaged.

   2nd Offense (Misdemeanor)

   Imprisonment: Minimum mandatory 7 days.
   Fine: Mandatory $2,000.00.
   Loss of Driving Privilege: One (1) year suspension with no exception.

   3rd Offense (Third Degree Felony)

   Imprisonment: Minimum mandatory 90 days.
   Fine: Mandatory $3,000.00.
   Loss of Driving Privilege: Revocation of not mess than 2 years.
   Additional Penalties: Possible forfeiture of vehicle.

   4th Offense (Third Degree Felony)

   Imprisonment: Minimum mandatory 1 year
   Fine: Mandatory $4,000.00.
   Loss of Driving Privilege: Revocation of not mess than 5 years.
   Additional Penalties: Possible forfeiture of vehicle.

   DUI With a Child on Board (Third Degree Felony)

   Imprisonment, fine, loss of driving privilege.
   Applies to any person convicted of operating a motor vehicle while under the influence with a passenger under the age of 16, or if the child under 16 was injured as a result on an accident.

   DUI Vehicular Homicide (Second Degree Felony)

   Mandatory prison sentence of from 5 to 15 years.

   Drinking While Driving (Misdemeanor)

   Applies to any person who drinks any alcoholic beverage or consumes a controlled substance while driving a motor vehicle upon a highway.

   Drinking in a Motor Vehicle (Misdemeanor)

   Applies to any person who drinks any alcoholic beverage or consumes a controlled substance while driving a motor vehicle upon a highway.

   Open Container (Misdemeanor)

   Applies to the driver, passenger, and/or registered owner who has in his possession while in a motor vehicle upon a highway, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a broken seal, or the contents of which has been opened.