QuestionsQuestions (DOTC Republic Act No. 10586)
The IRR declares the State’s policy to ensure road safety by promoting responsible and ethical driving, penalizing DUI of alcohol, dangerous drugs and similar substances, and inculcating safe driving standards through public information and institutional programs.
All acts of driving and/or operating a motor vehicle while under the influence of alcohol and/or dangerous drugs and similar substances.
A BAC of 0.05% or higher after being subjected to an Alcohol Breath Analyzer (ABA) test is conclusive proof that the driver is driving under the influence of alcohol.
Any BAC higher than 0.0% after ABA testing is conclusive proof of driving under the influence of alcohol.
It is operating a motor vehicle while the driver, after a confirmatory test mandated by the Act, is found positive for use of any dangerous drug.
Eye test (horizontal gaze nystagmus), walk-and-turn, and one-leg stand.
Probable cause exists when the LEO has reasonable ground to believe the driver is under the influence upon personally witnessing a traffic offense (e.g., lane straddling, sudden stops, overspeeding, swerving/weaving) or upon observed indicators like evident smell of alcohol, slurred speech, bloodshot/reddish eyes, flushed face, poor coordination, and difficulty responding intelligently.
The burden of proof is on the LEO to establish the existence of probable cause.
The LEO must flag down the vehicle, direct the driver to step out, expressly inform the driver of the assessment, and direct the driver to perform all three field sobriety tests on site.
The driver is apprehended for the other traffic offense only and not for violation of the DUI Act.
The LEO proceeds to determine the driver’s BAC level using an ABA on site.
The driver is penalized by confiscation and automatic revocation of the driver’s license, in addition to other penalties, after compliance with due process.
The driver is arrested and the motor vehicle impounded; the LEO observes proper procedure in arrest, detention, and bringing the driver to the nearest police station, and brings the vehicle to the nearest LTO impounding area until claimed.
No. The IRR states that under no circumstance shall a driver who has undergone and passed the field sobriety test and/or ABA test be subjected to a drug screening test afterwards.
The driver is subjected to a drug screening test; if positive, a drug confirmatory test is conducted under RA 9165.
The IRR provides that under no circumstance shall a driver who has undergone and passed the drug screening/confirmation process be subjected to field sobriety test and/or ABA test afterwards.
For first conviction: non-professional license is confiscated and suspended for 12 months; for second conviction: license is perpetually revoked. Perpetual revocation disqualifies the person from being granted any kind of driver’s license thereafter.