Implied Consent of Operator of a Motorboat or

Vessel to Submit to Blood, or Breath Testing to Determine Alcohol or Controlled Substances Content of Blood.

(a)Any person who operates a motorboat or vessel within Guam’s Exclusive Economic Zone shall be deemed to have given consent to a blood or breath test for the purpose of determining the alcohol or controlled substance content of the person's blood.

(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(e)The implied consent of a person to be tested shall not be withdrawn by reason of the person's being dead, unconscious or in any other state which renders the person incapable of COL6/5/2019 CH. 69 BOATING consenting or refusing to be tested. In such event, a test of the person's blood shall be administered. ---------- COL6/5/2019