Implied Consent of Driver of Motor Vehicle to

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

(a)Any person who operates a motor vehicle on the public highways or roadways of Guam shall be deemed to have given consent to a blood or urine, or breath test for the purpose of determining the alcohol or controlled substance content of the person’s blood or urine.

(b)The blood or urine, or breath tests shall be administered at the request of the peace officer having reasonable cause to believe the person driving or in actual physical control of a motor vehicle upon the public highways or roadways is under the influence of alcohol or controlled substances only after: COL6/5/2019 CH. 92 SAFE STREETS ACT OF 2018

(1)a lawful arrest, and

(2)the person has been informed by a peace officer of the sanctions that may result from his or her refusal to be tested.

(c)If there is probable cause to believe that a person is in violation of § 92102 of this Chapter, then the person shall have the option of using a blood or urine, or breath test for the purpose of determining the alcohol or controlled substance content of that person’s blood or urine.

(d)No person other than the authorized staff of a licensed clinical laboratory certified by Health Care Financing Administration Clinical Laboratory Improvement Act (‘HCFACLIA’), or by the Joint Commmisssion of Acceditation of Health Organization may withdraw blood or urine for the purpose of determining the alcohol or controlled substance content thereof.

(1)This limitation shall not apply to the taking of a breath specimen.

(2)As soon as the results of a blood or urine test performed pursuant to this Section are available, the custodian of the record of the test shall provide, without subpoena, a true copy of the results of the tests to the Guam Police Department or criminal prosecutors.

(3)No physician, nurse, hospital, clinical laboratory or any employee thereof, shall be subject to civil liability or suit for providing blood or urine test results as required by the Subsection.

(e)The implied consent of a person to be tested shall not be withdrawn by reason of the person’s being dead, unconscious or in any state which renders the person incapable of consenting or refusing to be tested. In such event, a test of the person’s blood or urine shall be administered.

(f)If a person under arrest refuses to submit to a breath or blood or urine test, none shall be given. The person shall be warned, however, that his or her failure to be tested may be used in evidence against him or her in any charge arising from the arrest. COL6/5/2019 CH. 92 SAFE STREETS ACT OF 2018

(g)In addition to the warnings provided in Subsection

(f)of this Section, the arresting officer shall warn the person that refusal to submit to a blood or urine, or breath test will result also in the following:

(1)the person must immediately surrender his or her driver’s license to the officer;

(2)the officer will take custody of the license and will forward it to the Department of Revenue and Taxation, Motor Vehicle Division, along with the officer’s sworn statement, affidavit or written declaration as required by § 92202 of Title 9 of the Guam Code Annotated; and

(3)the driver’s license will not be returned and the person’s driving privileges restored until completion of all administrative and court proceedings against the person, and it is so ordered by the Director of Revenue and Taxation or the courts.