Question & AnswerQ&A (DOTC Republic Act No. 10586)
The policy objective is to ensure road safety by penalizing driving under the influence of alcohol, dangerous drugs, and similar substances while promoting responsible and ethical driving standards for the protection of life and property.
The IRR was jointly prescribed by the Department of Transportation and Communications (DOTC), the Department of Health (DOH), and the National Police Commission (NAPOLCOM).
For private motor vehicles with a gross vehicle weight not exceeding 4500 kg, a BAC of 0.05% or higher is conclusive proof of driving under the influence of alcohol.
DUID is established when a driver is subjected to a confirmatory drug test and is found positive for the use of dangerous drugs or other similar substances as mandated by RA 9165.
The three tests are the Eye Test (horizontal gaze nystagmus), the Walk-and-Turn, and the One-Leg Stand.
The driver shall have their driver's license confiscated and automatically revoked, and may face other penalties as provided by law, following due process.
A penalty of three (3) months imprisonment and a fine ranging from Twenty Thousand pesos (Php 20,000.00) to Eighty Thousand pesos (Php 80,000.00) shall be imposed.
The professional driver's license shall be confiscated and perpetually revoked upon the first conviction, disqualifying them from being granted any driver's license thereafter.
LEOs are deputized and trained to enforce the provisions of the Act, conduct field sobriety tests, administer alcohol breath analyzer tests, conduct drug screening, and process apprehensions in accordance with the law.
No, under no circumstance shall a driver who has passed the field sobriety test and/or ABA test be subjected to a drug screening test afterwards.
The owner and/or operator shall be held directly and principally liable along with the offender for fines and civil damages unless they prove that they exercised extraordinary diligence in the selection and supervision of the driver.
The LEO must stop the vehicle, direct the driver to step out, administer the field sobriety test, and if failed, proceed with the alcohol breath analyzer test or drug screening depending on the suspected substance, and then accomplish the appropriate documentation before turnover.
The LTO shall hold confiscated driver's licenses for safekeeping and shall only release them after the final disposition of the case or lawful court order.
Applicants must complete a driver's education course that includes information on the effects of alcohol and drugs on driving, hazards of DUI, and relevant penalties, with modules incorporated in the written driver's license exam.
The LTO shall conduct a review of the penalties after five (5) years from the effectivity of the Act and every five (5) years thereafter, subject to approval by the Secretary of the DOTC.