Law Summary
Scope and Coverage
- Covers all acts of driving or operating motor vehicles under the influence of alcohol, dangerous drugs, or similar substances.
Key Definitions
- Act: Republic Act No. 10586.
- Alcohol: Intoxicating alcoholic beverages including beer, wine, distilled spirits.
- BAC (Blood Alcohol Concentration): Measure of alcohol content in blood.
- Breath Analyzer (ABA): Equipment testing BAC through breath.
- Chemical Tests: Include breath, saliva, urine, or blood tests checking BAC or drugs.
- Dangerous Drugs: Those listed in international conventions and RA 9165.
- DUIA: Driving with BAC level at or above 0.05% for private vehicles; above 0.0% for commercial vehicles.
- DUID: Driving while positive for dangerous drugs confirmed by tests.
- Drug Screening/Confirmatory Tests: Rapid and GCMS tests to detect drug use.
- Field Sobriety Tests: Eye test (horizontal gaze nystagmus), walk-and-turn, one-leg stand.
- LEO: Law Enforcement Officers deputized by the Land Transportation Office.
- Motor Vehicle: Any land vehicle propelled by power other than muscular.
Driver's Education Requirements
- Mandatory completion of safe driving instruction including effects of alcohol, drugs, and penalties.
- Uniform nationwide implementation.
- Inclusion of related questions in driver's license exams.
- Special requirement for professional drivers on license application or renewal.
Apprehension Procedures and Probable Cause
- Probable cause includes observed erratic driving and signs of intoxication.
- LEOs must inform suspected drivers and conduct field sobriety tests.
- Failure on any test leads to Breath Analyzer test on site.
- Refusal to undergo testing results in license confiscation and revocation.
- BAC above limit results in arrest and vehicle impoundment.
- Passing sobriety and BAC tests on site exempts driver from drug testing.
- DUID apprehension includes drug screening and confirmatory tests at police stations.
- Driver's licenses confiscated are turned over to LTO and released only after legal disposition.
Mandatory Alcohol and Drug Testing
- Drivers involved in accidents causing injury or death must undergo sobriety tests, ABA testing, and chemical tests.
- LEO may use alternative alcohol testing methods when ABA is impracticable.
- Refusal to comply results in license confiscation and automatic revocation.
- Random drug tests conducted on public utility drivers with penalties for refusal.
Testing Equipment Acquisition and Standards
- LTO and PNP to acquire sufficient testing equipment within four months.
- Equipment includes ABAs, drug kits, and confirmatory devices.
- Acquisition funded by the Special Road Safety Fund and General Appropriations.
- Only devices registered with FDA and meeting DOH standards to be used.
Deputation and Enforcement
- Only qualified active members of PNP, MMDA, and LGUs assigned to traffic control can be deputized.
- Deputation requires submission of documentation and successful training and exams.
- Training includes knowledge on laws, tests, ethical standards, public officer rules, and life-saving techniques.
- Deputation orders valid for six months, renewable.
- Grounds for revocation include misconduct, corruption, incompetence, and intoxication during duty.
- LEOs liable for violations of ethical laws and may be suspended or revoked via verified complaint procedures.
Penalties for Violations
- Penalties depend on consequences:
- Without injury or death: 3 months imprisonment and Php 20,000 to Php 80,000 fine.
- With physical injuries: Penalty under Article 263 RPC or above, plus Php 100,000 to Php 200,000 fine.
- With homicide: Penalty under Article 249 RPC plus Php 300,000 to Php 500,000 fine.
- Non-professional drivers: License suspended 12 months (1st offense), revoked permanently (2nd).
- Professional drivers: License revoked permanently upon 1st conviction.
- Perpetual revocation disqualifies from future licensing.
- Prosecution does not preclude additional charges under other laws.
Liability of Vehicle Owners and Operators
- Owners/operators liable jointly with driver for fines and civil damages unless extraordinary diligence shown.
- Applies mainly to commercial/public utility vehicles.
Review of Penalties
- LTO to review and possibly amend penalties every five years.
Information Campaign
- Philippine Information Agency to conduct nationwide education campaign within one month of IRR promulgation.
Final Provisions
- Rules Committee empowered to amend rules consistent with the Act.
- Rules take effect 15 days after publication.
- Conflicting laws and provisions repealed or modified accordingly.
- Separability clause ensuring invalid provisions do not affect others.