Policy, coverage, core definitions
- The State policy is to ensure road safety by requiring responsible and ethical driving standards and by penalizing driving under the influence of alcohol, dangerous drugs, and other intoxicating substances.
- The State shall inculcate safe driving standards through institutional programs and appropriate public information strategies, linked to the benefits derived from responsible driving.
- These Rules cover acts of driving and/or operating a motor vehicle while under the influence of alcohol, and/or dangerous drugs and similar substances.
Key terms and measurable intoxication
- “Act” refers to Republic Act No. 10586.
- “Alcohol” refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication.
- “Blood Alcohol Concentration (BAC)” refers to the measure of amount of alcohol in a person’s blood.
- “Breath Analyzer (also known as Alcohol Breath Analyzer (ABA))” refers to equipment that determines a person’s BAC level through breath testing.
- “Chemical tests” refer to breath, saliva, urine or blood tests to determine BAC and/or positive indication of dangerous drugs and similar substances in a person’s body.
- “Dangerous drugs and other similar substances” refer to drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs (as amended by the 1972 Protocol) and the schedules annexed to the 1971 Single Convention of Psychotropic Substances (enumerated in its attachment, integral part of Republic Act No. 9165), and those reclassified, added to, or removed from the list by the Dangerous Drugs Board.
- “Driving under the influence of alcohol (DUIA)” refers to operating a motor vehicle while the driver’s BAC level, after being subjected to an ABA test, reaches the intoxication level established jointly by DOH, NAPOLCOM, and DOTC in these Rules.
- A driver of a private motor vehicle with gross vehicle weight not exceeding 4500 kg is conclusively driving under the influence of alcohol when BAC is 0.05% or higher.
- For drivers of trucks, buses, motorcycles and public utility vehicles, a BAC of more than 0.0% is conclusive proof of driving under the influence of alcohol.
- “Driving under the influence of dangerous drugs and other similar substances (DUID)” refers to operating a motor vehicle while the driver, after a confirmatory test mandated under the Act, is found positive for use of any dangerous drug.
- “Drug Screening Test” is a rapid test to establish presumptive positive result on dangerous drugs in a person’s body.
- “Drug Confirmatory Test” uses Gas-Chromatography-Mass Spectroscopy (GCMS) to validate and confirm the result of a Drug Screening Test.
- “Drug Recognition Evaluator (DRE)” refers to a Law Enforcement Officer (LEO) trained and deputized by the LTO to conduct the Drug Recognition Protocol.
- “Drug Recognition Protocol (DRP)” refers to a standardized systematic method to determine whether a person is driving under the influence of dangerous drugs and other similar substances.
- “Field Sobriety Tests” are standardized tests to initially assess and determine intoxication: the Eye Test (horizontal gaze nystagmus), Walk-and-turn, and One-leg stand, each defined in the Rules.
- “LEO” refers to law enforcement officers of the LTO or authorized officers trained and deputized by the LTO to enforce the Act.
- “Motor vehicle” refers to any land transportation vehicle propelled by any power other than muscular power.
- “Trucks and buses” are motor vehicles with gross vehicle weight from 4501 kg and above.
- “Motorcycles” are two (2) or three (3) wheeled motor vehicles and may include a side-car.
- “Motor vehicles designed to carry hazardous materials” are those designed to carry or transport materials that may endanger health and lives of the public.
- “Public Utility Vehicles” are motor vehicles for hire used to carry or transport passengers or goods.
Driver education and exam requirements
- Every applicant for a motor vehicle driver’s license must complete a course of instruction on safe driving that includes the effects of alcohol consumption on driving ability, hazards of driving under the influence of alcohol and dangerous drugs and/or other similar substances, and penalties for violation.
- Driver’s education modules must include the effects and hazards of alcohol and drug consumption on driving and the penalties for violating the Act.
- Questions from these modules must be included in the written examination for driver’s license application.
- Professional drivers must undergo the driver’s education course for original application or renewal.
- The training course for all driver’s license applicants, whether new or renewal, must be implemented uniformly nationwide and must include the impact of alcohol, drugs, fatigue and distracted driving on driving performance and the penalties attached for violation.
- The driver’s license written examination must include questions on the effects of alcohol and drug intoxication on driving ability and the legal and pecuniary consequences for violating the Act.
- The LTO must revise all modules on the effects of alcohol and drug intoxication while driving for use in these education and examination processes.
Apprehension, testing, and evidence handling
- “Probable cause” means the LEO has reasonable grounds to believe the person driving is under the influence of alcohol, dangerous drugs and/or other similar substances upon personally witnessing a traffic offense showing indicators such as lane straddling, sudden stops, overspeeding, swerving or weaving.
- In-course of apprehension for another traffic offense, the evident smell of alcohol in the breath, generally slurred speech, bloodshot or reddish eyes, flushed face, poor coordination, and difficulty understanding and responding intelligently also constitute probable cause.
- The burden of proof to establish the existence of probable cause is on the LEO.
Screening procedure: alcohol (ABA route)
- Upon personal determination of probable cause, a deputized LEO must flag down the motor vehicle, direct the driver to step out, and determine whether the driver is drunk or drugged.
- If the LEO has reasonable grounds to believe the driver is drunk, the LEO must expressly inform the driver of the assessment and direct the driver to perform all three (3) field sobriety tests on site.
- The LEO must record the driver’s responses to the field sobriety tests; the record forms part of the case records.
- If the driver passes all three (3) field sobriety tests, the driver must be apprehended only for the other traffic offense and not for violation of the Act.
- If the driver fails any field sobriety test, the LEO must determine the driver’s BAC level through the use of the ABA on site.
- Refusal to undergo the mandatory testing required under the screening procedure results in confiscation and automatic revocation of the driver’s license, in addition to other penalties, after compliance with due process requirements.
- If BAC after ABA testing registers higher than the prescribed limit, the driver must be arrested and the motor vehicle impounded.
- The LEO must follow proper arrest procedure and bring the driver to the nearest police station for detention, and the motor vehicle must be brought to the nearest LTO impounding area until claimed by an authorized representative of the registered owner.
- If BAC is within the allowed limit, the driver must be apprehended for the other traffic offense only and not for violation of the Act.
- No driver who has undergone and passed the field sobriety test and/or ABA test may be subjected to a drug screening test afterward.
- Before turnover to the police officer-on-duty of the nearest police station, the LEO must accomplish:
- a complaint/charge sheet;
- results of field sobriety tests/ABA test in the prescribed format;
- inventory of items under temporary custody (including the motor vehicle when necessary);
- other pertinent documents.
Screening procedure: dangerous drugs (DRP route)
- Upon personal determination of probable cause, a deputized LEO must flag down the motor vehicle, direct the driver to step out, and determine whether the driver is drunk or drugged.
- If the LEO has reasonable grounds to believe the driver is drugged, the LEO must expressly inform the driver of the assessment and must bring the driver to the nearest police station.
- At the police station, the driver must be subjected to a drug screening test under existing operational rules and procedures, and if positive, to a drug confirmatory test under Republic Act No. 9165.
- No driver who has undergone and passed the drug testing process may be subjected to field sobriety test and/or ABA test afterward.
- After a positive confirmation, the LEO must accomplish before turnover to the police officer-on-duty of the nearest police station:
- results of the conduct of the DRP in the prescribed format;
- inventory of items under temporary custody (including the motor vehicle when necessary);
- other pertinent documents.
- Without positive confirmation, the driver must be apprehended for the other traffic offense only and not for violation of the Act.
Driver’s license custody
- All driver’s licenses confiscated under these Rules must be turned over to the LTO for safekeeping.
- The LTO must release confiscated licenses only after final disposition or lawful order of the courts.
Mandatory testing in accidents and random drug checks
- A driver involved in a motor vehicular accident resulting in loss of human life or physical injuries must undergo, whenever practicable, on-site field sobriety tests and ABA testing, and thereafter chemical tests (including drug screening and, if necessary, drug confirmatory testing under Republic Act No. 9165) to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances.
- A LEO may use other alcohol testing equipment such as GCMS when ABA is not practicable under prevailing circumstances.
- Refusal by a driver to undergo mandatory t