Your Super guide to the Anti-Drunk and Drugged Driving Act
Philippine Daily Inquirer / 07:03 AM November 28, 2014
When did it become a law?
Republic Act No. 10586 or the Anti-Drunk and Drugged Driving Act was enacted into law on May 27, 2013.
Who are the authorities implementing the law?
Under the new law, the Land Transportation Office, Philippine National Police, Metropolitan Manila Development Authority and deputized local traffic enforcers are mandated to pull over motorists suspected of driving under the influence (DUI) to conduct field sobriety, chemical and confirmatory tests.
What are the penalties under the law?
Penalties range from a minimum of three months in prison plus a P20,000 fine to a maximum of 20 years plus a P500,000 fine. If the violation results in injuries, the fine ranges from P100,000 to P200,000, while if the offense leads to homicide, the fine ranges between P300,000 and P500,000.
I heard there is an IRR that outlines “field sobriety tests.” What are these tests?
Last May, the Department of Transportation and Communications released the implementing rules and regulations (IRR) for RA 10586, which finally details methods for determining intoxication levels of motorists. Under the IRR, a series of field sobriety tests will be conducted:
The Eye Test (or “horizontal gaze nystagmus”), which requires the driver to look at and follow with his gaze an object that the law enforcer moves horizontally, around one foot away from the driver’s face;
The Walk-and-Turn Test, which requires the driver to walk nine steps forward in a straight line, turn, then walk back the same distance without difficulty;
The One-Leg Stand, which requires the driver to stand on one leg and raise the other leg around six inches from the ground for about 60 seconds.
What happens if the driver passes the tests?
If the driver passes these tests, he will be apprehended only for the traffic violation committed, and not for violating RA 10586.
What if the driver fails any of the tests?
If the driver fails any of the tests, he will then be subjected to a fourth one, using an alcohol breath analyzer.
What is the blood alcohol concentration limit? What if the driver exceeds that?
Should the driver’s blood alcohol concentration exceed the prescribed limit of 0.05 percent, the offender will be arrested and his vehicle impounded. Compiled by Kathleen de Villa, Inquirer Research; Source: Gov.ph