Law Summary
Declaration of Policy
- Protect life and property by promoting road safety.
- Penalize driving under the influence of alcohol, dangerous drugs, and similar substances.
- Promote responsible driving through public information and institutional programs.
Definition of Terms
- Alcohol: includes beer, wine, distilled spirits causing intoxication.
- Breath Analyzer: device to test blood alcohol concentration via breath.
- Chemical Tests: breath, saliva, urine, or blood tests measuring alcohol/drugs.
- Dangerous Drugs: substances listed in international conventions and RA 9165.
- Driving Under Influence (DUI) Alcohol: driving with blood alcohol concentration above legal limit.
- DUI Dangerous Drugs: driving with confirmed presence of dangerous drugs.
- Field Sobriety Tests: standardized tests to initially assess intoxication.
- Motor Vehicle: any land vehicle propelled by power other than muscles.
- Motor Vehicles Carrying Hazardous Materials: vehicles transporting materials dangerous to health/lives.
- Public Utility Vehicles: vehicles for hire transporting passengers or goods.
Driver's Education
- Mandatory driver education covering effects of alcohol/drugs on driving for all license applicants.
- Professional drivers must undergo education for initial and renewal licenses.
- Written exams include questions on intoxication effects and penalties.
Prohibited Acts
- Driving a motor vehicle under the influence of alcohol, drugs, or similar substances is unlawful.
Testing Procedures
- Law enforcement officers may conduct field sobriety tests based on probable cause.
- Failure leads to mandatory breath analyzer or chemical testing.
- Drivers suspected of drug use are taken to police stations for drug screening and confirmatory tests.
- Enforcement by police and deputized local traffic officers.
Testing of Accident-Involved Drivers
- Drivers involved in accidents causing injury or death must undergo chemical and drug tests.
Refusal to Test
- Refusing mandatory sobriety or drug tests results in automatic license confiscation and revocation.
- Other applicable penalties apply.
Acquisition of Testing Equipment
- LTO and PNP to acquire breath analyzers and drug-testing kits within four months.
- Priority to high accident areas.
- Funded through Special Road Safety Fund and General Appropriations Act.
Deputation
- LTO may deputize PNP, MMDA, and local traffic officers to enforce the Act.
Law Enforcement Training
- Annual training seminars on sobriety tests and equipment use.
- Guidelines for conducting tests published and made publicly accessible.
Penalties
- DUI without injury: 3 months imprisonment, fine Php20,000 to Php80,000.
- DUI with injury: penalties under Revised Penal Code or higher plus fine Php100,000 to Php200,000.
- DUI causing homicide: penalties under Revised Penal Code plus fine Php300,000 to Php500,000.
- License suspension/revocation:
- Nonprofessional license: 12-month suspension first offense, perpetual revocation second.
- Professional license: perpetual revocation first offense.
- Prosecution without prejudice to other criminal laws and local ordinances.
Liability of Vehicle Owners/Operators
- Owners/operators liable jointly with offender for fines and civil damages.
- Exception if extraordinary diligence in driver supervision is proven.
- Applies mainly to public utility and commercial vehicles.
Public Information Campaign
- Nationwide information, education, and communication campaign coordinated by PIA with LTO and LGUs.
Random Inspections and Drug Testing
- LTO to conduct random terminal inspections and drug tests of public utility drivers at its expense.
Review of Penalties
- LTO to review pecuniary penalties every five years and propose amendments.
Implementing Rules and Regulations
- DOTC, DOH, and NAPOLCOM to promulgate rules within three months.
Separability Clause
- Invalidity of any provision does not affect the rest of the Act.
Repealing Clause
- Repeals provisions of RA 4136, RA 7924, RA 9165, and other inconsistent laws or issuances.
Effectivity
- Takes effect 15 days after publication in the Official Gazette or two national newspapers.