- June 1, 2013
- Posted by: Atty. James Biron
- Categories: Criminal, Special Penal Laws
According to statistics most accidents involve drivers who were driving while intoxicated (DWI) or driving under the influence (DUI). It is high time then that a law be released to curb this problem.
Fortunately, Pres. Benigno “Pnoy” Aquino , just signed the Anti-Drunk and Drugged Driving Act of 2013 to prevent or at least reduce the incidence of accidents caused by these reasons. I prepared this simple guide below to assist you in understanding the provisions of this new law.
What is being prohibited by this law?
The law states that it shall be unlawful for any person to drive a motor vehicle under the influence of alcohol, dangerous drugs and/or other substance
How can a law enforcement officer know if I am drunk?
If he has probable cause to believe that you are drunk then he can order you to stop your vehicle to conduct a test on you.
May a law enforcement officer do a random check?
No. Contrary to what I heard in news reports, the law is clear that there must be probable cause before the police officer could ask you to stop your vehicle.
What are these probable causes?
These are apparent indications and manifestations including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances
What kind of test will be conducted on me?
These are field sobriety test to initially assess and determine intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar tests.
What if I fail this field sobriety test?
If you fail that, the law enforcement officer will implement the mandatory determination of your blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument
What if I am under the influence of drug and the office finds out about this?
The law enforcement office will bring you to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165
May a police stop my car and conduct this test?
Only those deputized by LTO.
How about members of the MMDA?
Also, only those deputized by LTO.
How about the Makati Traffic Enforcers (MAPA/MAPSA)?
If they are deputized, yes.
What is the penalty for violation of this law?
a. No physical injury or homicide
Imprisonment – 3 months
Fine – Php20,000 – P80,000
Driver’s license
Non-professional:
First conviction – confiscation and suspension for 12 months
Second conviction – perpetual revocation
Professional:
First conviction – perpetual revocation
b. Resulted to physical injury
Imprisonment – prision mayor to arresto mayor depending on the gravity of the injury caused or reclusion temporal, which ever is higher
Fine – Php100,000-Php200,000
Driver’s license
Non-professional:
First conviction – confiscation and suspension for 12 months
Second conviction – perpetual revocation
Professional:
First conviction – perpetual revocation
c. Resulted to homicide
Imprisonment – reclusion temporal (12 years – 20 years)
Fine – Php300,000-Php500,000
Driver’s license
Non-professional:
First conviction – confiscation and suspension for 12 months
Second conviction – perpetual revocation
Professional:
First conviction – perpetual revocation
Will the owner/operator of the vehicle be liable?
Yes. The owner/operator shall be directly and principally held liable together with the offender for the fine and the award.
Are there exceptions to this rule?
Yes. If the driver/operator could convincingly prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular.
Does this mean that if someone borrowed my car, I will also be liable in case the borrower, while drunk, ran over someone?
No. This rule applies only to owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.
sir, who will shoulder the cost of the test in determining if your DUI? what happens if all the test you have undergone were passed by you satisfactorily? can i sue the apprehending officer or what ?
Hi Carlos,
Please post your question at the forum section of this website under the Criminal Law – Drugs subcategory. I will answer your question once I see it posted there.
Thanks
hi atty james biron.
I would like to ask if in case the driver drink drowse medicine and took the effect while he / she driving and eventually stop by the officer. we’ll he or she be liable when he / she failed the test?
And other scenario is, when the driver has hang over which means he / she drunk last nyt and eventually the next day he / she drive but still have this smell of alcoholic drinks, was it an offense or violation?
Dear Oliver,
Please post your question at the forum section of the site, under the Criminal Law category. I will answer your question once I see it posted there.
Dear Sir,
I am a Safety Engineer and would like to ask your permission if I can copy your writings so I can share it with my Co-Safety Officers likewise to our drivers during our Meeting.
Your post is very informative and will greatly help in propagating Safety on Roads.
Your consideration is greatly appreciated. God Bless po.
Safe regards,
Cherryl O Calabia
HSE Professional
Dear Cherryl,
Thank you. If you are intending to copy this to another website, sorry I cannot permit that. But if you are going to copy this to be used as part of a manual to be handed out to your co-safety officers and drivers, then you have my permission, just don’t forget to put some credits
Best regards,
James
Dear Sir,
This maybe a bit late but I thank really thank you for the given chance.
I actually made a power point presentation of these and presented it as part of our Driver’s Enhancement Training bearing the source of the information as part of showing my respect to the source.
Safe regards,
Cherryl
Dear Cheryl, thank you for coming back and informing that you were able to use the article I posted here. I’m glad that I was of help to you.
Best regards,
James
#thank you atty. this law would be great help to my research and people to prevent accidents. to aware people to not drink while driving
sorry the first comment is wrong. I mean i am Rey jay P. Largo. it would great help for may research. hope this law will be successful. have a nice day atty. Biron I apologize my first comment.
No problem, Reyjay! Thank you for your comment.
Thank you Atty.Biron for this law,it really help my Project in Health…
Great to know that, Krista!
Hi Sir! May I know if who is the author of this law? Thank you.
hi Atty., I am so happy of your post about RA10586. We were riding a motorized tricycle in the national highway suddenly a ford everest bumped us behind. The driver of the Ford Everest is intoxicated of alcohol. The law was approved on 2013 and the accident happened last April 18, 2015. Unfortunately, in our place in Butuan City, there were no deputize Police and LTO and there’s no breath analyzer. The police brought the driver to one of the Hospital and conducted a test. The Medical doctor certified that the driver is under the influence of alcohol… Is the certification of the medical doctor valid to the honorable court? RA 10586 TOOK EFFECT ON 2013, However no breath analyzers were distributed by 2015 and no law enforcers were deputized by the LTO…
sec 9 stated that ” Acquisition of Equipment. – Within four (4) months from the effectivity of this Act, the Land Transportation Office (LTO) and the Philippine National Police (PNP) shall acquire sufficient breath analyzers and drug-testing kits to be utilized by law enforcement officers and deputized local traffic enforcement officers nationwide giving priority to areas with high reported occurrences of accidents. For purposes of acquiring these equipment and for the training seminars indicated in Section 10 hereof, the LTO shall utilize the Special Road Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. 8794, entitled: “An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other Purposes”. Additional yearly appropriations for the purchase of breath analyzers and drug-testing kits shall be provided annually under the General Appropriations Act.
We are so helpless because they keep on emphasizing on the grounds that there’s a failure of the “Conduct of Field Sobriety, Chemical and Confirmatory Tests.” sec 6 of RA10586 … Just because the aforementioned were absent, does not neglect the fact that the intention of the law is to punish those who drive recklessly and imprudently?