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DUI laws are entirely statutory, and every state in the union has a similar version with key differences. This article explores the definition of a DUI in Guam.
You can easily find the definition of “Driving under the influence (“DUI”) or while intoxicated” in Guam’s Legislative Code 16 G CA Vehicles Ch. 18 section 18101(a). This statute is commonly referred to as the “Safe Streets Act.”
Generally, DUI means that you cannot operate a motor vehicle while intoxicated to the level where you are impaired a degree that you no longer can operate a motor vehicle as well as a sober person could.
And this includes any person operating, or in physical control of, a motor vehicle who has eight one-hundredths of one percent (0.08%) or more, of alcohol in his or her blood. Safe Streets Act par. 18101(a)
The last portion of the above DUI definition for Guam is by far the most important, and probably the least understood.
The percentage of permitted alcohol by weight in an individual driver’s blood is not greater than 0.08%.
This blood alcohol calculation is simple science and math, and is not subject to argument, nor interpretation. So if it’s proved that your BAC is more than 0.08%, a DUI attorney in Guam could review your case to find details that could be used to build a DUI defense.
The definition of DUI in Guam is misunderstood because many drivers simply don’t realize how little alcohol is needed to be consumed in order reach this limit.
According to the Blood Alcohol Calculator, a 180 pound 30 year old male who consumes 4 beers in one hour would have a BAC of 0.015%. The common problem is that this driver is considered only “mildly impaired”, and even though he may genuinely believe he can drive adequately, the definition of DUI says he is over the limit and intoxicated.
Many factors including an individual’s size, weight, and the time between drinks, play a major role in BAC, but the key point is that it doesn’t take much to reach the legal limit.
Another important and largely misunderstood point is the definition term: “in physical control of a motor vehicle.”
Many drivers incorrectly think that sleeping in the back seat of their vehicle while drunk is legal and permitted under the DUI laws. Anyone inside the motor vehicle with the keys to operate it is considered in its physical control, regardless if it is moving, or running. This is an example of a term that has been interpreted and further defined by the courts system.
(Source: www.huffingtonpost.ca/theo-sarantis)
Similarly, many DUI defendants are surprised to learn that definition specifies “motor vehicles” and not “cars.”
This actual definition includes motor cycles, trucks, scooters and even airplanes and motorboats. Operating a motor boat accelerates a driver's impairment and a significant percentage of DUI violations take place on Guam waterways by unsuspecting operators of motorboats.
(Source: http://coastguard.dodlive.mil/2015/05/bui-dont)
The definition of DUI in Guam is complicated and can be confusing, and some terms are vague and have been assigned specific meanings by the court system. The stakes for a driver charged with a DUI violation are enormous, and those facing DUI problems should consult with a criminal defense attorney that specializes in DUI law.
Guam has severe punishment for DUI. Find out exactly what you are facing: Misdemeanor DUI charges in Guam vs. Felony DUI charges in Guam. Also, what are specific punishments for first time DUI in Guam, and what second and third offense DUI in Guam will cost you.
DUI expert attorneys in Guam have been honing their craft their entire career. When you enlist the help of an expert, there will be costs involved. Find out what DUI lawyers cost in Guam...
READ MORE: DUI Attorney Fees and DUI Lawyer Costs in Guam
The legal definition of DUI in Guam might surprise you. You see, it doesn't only cover a car or truck. It also extends to any motorized vehicle. This means...
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