LAND TRANSPORTATION RELATED LAWS /REPUBLIC ACT NO. 10586 – “ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013”
AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
DECLARATION OF POLICY
Pursuant to the Constitutional principle that recognizes the protection of life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of democracy, it is hereby declared the policy of the State to ensure road safety through the observance of the citizenry of responsible and ethical driving standards.
Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous drugs and other intoxicating substances and shall inculcate the standards of safe driving and the benefits that may be derived from it through institutional programs and appropriate public information strategies.
These rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of alcohol, and/or dangerous drugs and similar substances.
It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.
Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of intoxication.
Conclusive proof that a driver is driving under the influence of alcohol.
- Private Motor Vehicle with gross vehicle weight not exceeding 4,500kgs – BAC: 0.05% or higher
- Trucks, buses, motorcycles and public utility vehicles – BAC: more than 0.00%
Driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated under Republic Act No. 9165, is found to be positive for use of any dangerous drug.
Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment which is an integral part of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002” and those that the Board may reclassify, add to or remove from the list of dangerous drugs.
Probable cause shall mean that the LEO has reasonable ground to believe that the person driving the motor vehicle is under the influence of alcohol, dangerous drugs and/or other similar substances:
1ST PROBABLE CAUSE
Upon personally witnessing a traffic offense committed by means of lane straddling, making sudden stops, overspeeding, swerving or weaving in such an apparent way as to indicate that the driver is under the influence of alcohol, dangerous drugs, and/or other similar substances.
2ND PROBABLE CAUSE
The evident smell of alcohol in a driver’s breath, generally slurred speech in response to questioning, bloodshot or reddish eyes, flushed face, poor coordination, difficulty in understanding and responding intelligently to questions shall also constitute probable cause.
CONDUCT OF FIELD SOBRIETY TEST
If the Law Enforcement Officers (LEO) or authorized officer trained and deputized by the LTO to enforce the provisions of the law has reasonable grounds to believe that the driver is drunk, the LEO shall:
- Expressly inform the driver of his assessment and the driver shall be directed to perform all of the three (3) field sobriety test on site.
- Direct the driver to perform all the three (3) field sobriety test on site.
- The LEO shall record the driver’s responses to the field sobriety tests above enumerated , which record shall form part of the records of the case.
- If the driver passes all of the three (3) field sobriety tests, the driver shall be apprehended for the other traffic offense only and not for violation of R.A. 10586.
ALCOHOL BREATH ANALYZERS (ABA TEST)
- If the driver fails any of the field sobriety tests, the LEO shall proceed to determine the driver’s BAC level, through the use of the ABA, on site.
- A driver who, after ABA testing, registers a BAC higher than the prescribed limit shall be put under arrest and the motor vehicle impounded. The LEO shall observe the proper procedure in effecting the arrest and bringing the driver to the nearest police station for detention. The motor vehicle shall also be brought to the nearest LTO impounding area until the same is claimed by an authorized representative of its registered owner.
- In case the BAC is within the allowed limit, the driver shall be apprehended for the other traffic offense only and not under R.A 10586.
- Under no circumstance shall a driver, who has undergone and passed the field sobriety test and/or ABA test, be subjected to drug screening test afterwards.
|Situation||ACTIVITY/ FST Test||RESULTS||ABA Test||Action to Do|
|1||The Eye Test||Passed||NO||Issue TOP/Citation Ticket|
|The One-Leg Stand||Passed|
|2||The Eye Test||Passed||YES||Due Process|
|The One-Leg Stand||Failed|
|3||The Eye Test||Failed||YES||Due Process|
|The One-Leg Stand||Failed|
|4||Refuse to undergo FST||–||Confiscate DL and automatic revocation after due process|
If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and if necessary, a drug confirmatory test as mandated under R.A. No. 9165.
DRIVER REFUSES TO UNDERGO THE MANDATORY TESTING
A driver of a motor vehicle who refuses to undergo the mandatory testing as required shall be penalized by the confiscation and automatic revocation of his/her driver’s license, in addition to other penalties provided herein and/or other pertinent law, after compliance with the requirement of due process.
1. Traffic Offense like:
- Swerving / Weaving (Lane Deviation)
- Make sudden stops
- Other offenses stated under R.A. No. 4136
2. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents
A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.
3. Nationwide Random Terminal Inspection and Quick Random Drug Tests
These rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of alcohol and/or dangerous drugs and similar substances.
STAGES OF ALCOHOL EFFECTS ON DRIVER
|STAGES OF INTOXICATION||BLOOD ALCOHOL
|0.50 and above||
*based on different research
FINES & PENALTIES
A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances shall be penalized as follows:
- If the violation did not result in physical injuries or homicide – Twenty thousand pesos (Php 20,000.00) to eighty thousand pesos (Php 80,000.00) fine and three (3) months imprisonment
- If the violation resulted in physical injuries – The penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding paragraph whichever is higher and a one hundred thousand pesos (Php 100,000.00) to two hundred thousand pesos (Php 200,000.00) shall be imposed
- If the violation has resulted in homicide – A penalty provided in Article 249 of the Revised Penal Code and a fine ranging from three hundred thousand pesos (Php 300,000.00) to five hundred thousand pesos (Php 500,000.00) shall be imposed
FOR NON-PROFESSIONAL DRIVERS
- 1st Conviction – Confiscation and suspension of license for a 12 months period
- 2nd Conviction – Revocation of license
FOR PROFESSIONAL DRIVERS
- 1st Conviction – Confiscation and perpetual revocation of license