QuestionsQuestions (Republic Act No. 10586)
Its short title is the “Anti-Drunk and Drugged Driving Act of 2013.” The declared policy is to ensure road safety by penalizing driving under the influence of alcohol, dangerous drugs, and similar substances, and to promote responsible/ethical driving through education and public information strategies.
“Driving under the influence of alcohol” is operating a motor vehicle while the driver’s blood alcohol concentration reaches the level of intoxication after a breath analyzer test, as established jointly by DOH, NAPOLCOM, and DOTC. “Driving under the influence of dangerous drugs…” is operating a motor vehicle while, after a confirmatory test mandated under RA 9165, the driver is found positive for use of any dangerous drug.
They are standardized tests to initially assess intoxication (e.g., horizontal gaze nystagmus, walk-and-turn, one-leg stand). The standardized tests are determined jointly by DOH, NAPOLCOM, and DOTC.
Chemical tests refer to breath, saliva, urine, or blood tests to determine blood alcohol concentration and/or positive indication of dangerous drugs and similar substances in a person.
Every applicant must complete a course on safe driving, including effects of alcohol/drugs on driving ability, hazards of driving under influence, and penalties for violations. Professional drivers must also undergo this education, and the written examination must include questions on effects and legal/pecuniary consequences.
It is unlawful to drive a motor vehicle while under the influence of alcohol, dangerous drugs, and/or other similar substances.
When they have probable cause to believe a person is driving under the influence based on apparent indications and manifestations (e.g., overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination, evident smell of alcohol in the person’s breath, or signs of use of dangerous drugs/similar substances).
The officer must implement the mandatory determination of the driver’s blood alcohol concentration using a breath analyzer or similar measuring instrument.
The officer must bring the driver to the nearest police station for a drug screening test and, if necessary, a drug confirmatory test as mandated under RA 9165.
The driver must be subjected to chemical tests, including drug screening and, if necessary, drug confirmatory test under RA 9165, to determine the presence and/or concentration of alcohol, dangerous drugs, and/or similar substances in the bloodstream or body.
Confiscation and automatic revocation of the driver’s license, in addition to other penalties provided in the Act and/or other pertinent laws.
Within four months from effectivity, LTO and PNP must acquire sufficient breath analyzers and drug-testing kits nationwide (prioritizing areas with high reported occurrences of accidents).
For acquiring equipment and the training seminars, LTO uses the Special Road Safety Fund allotted under RA 8794, with additional yearly appropriations under the General Appropriations Act for purchase of analyzers and kits.
No physical injuries or homicide: 3 months imprisonment and fine Php20,000–Php80,000. Physical injuries: penalty under Article 263 of the Revised Penal Code or the next preceding subparagraph, whichever is higher, plus fine Php100,000–Php200,000. Homicide: penalty under Article 249 of the Revised Penal Code plus fine Php300,000–Php500,000.
Nonprofessional: confiscated and suspended 12 months for first conviction; perpetually revoked for second conviction. Perpetual revocation disqualifies from being granted any driver’s license thereafter. Professional: confiscated and perpetually revoked for first conviction.
Yes. Prosecution under RA 10586 is without prejudice to criminal prosecution for violation of the Revised Penal Code, RA 9165, and other special laws and existing local ordinances whenever applicable.
The vehicle owner and/or operator is directly and principally liable together with the offender for fines and civil damages award unless they convincingly prove extraordinary diligence in selection and supervision of drivers, including the offending driver. This principally applies to owners/operators of public utility and commercial vehicles.