Anti-drunk driving law takes effect next month

MANILA, Philippines - Starting next month, law enforcers will strictly implement the law penalizing drivers caught driving under the influence of alcohol or illegal substance after the Department of Transportation and Communications (DOTC) yesterday issued its implementing rules and regulations (IRR).

Transportation Secretary Joseph Emilio Abaya said the issuance of the guidelines for Republic Act 10586 or the Anti-Drunk and Drugged Driving Act coincides with the observance of Road Safety Month in June.

“This will permit law enforcers to begin implementing the safety measures imposed by RA 10586,” Abaya said.

The law will take effect in early June or 15 days after the publication of the IRR.

Violators face penalties ranging from three months to 20 years in prison and fines of P20,000 to P500,000.

Violators also face a 12-month suspension of non-professional driver’s license for the first offense and perpetual revocation for the second offense. For professional drivers, a first offense would result in perpetual revocation of license.

The DOTC chief said the law limits the allowable blood alcohol level to below 0.05 percent for most drivers.

Drivers of public utility vehicles, trucks, buses and motorcycles are not allowed to have any amount of alcohol in their blood since people’s lives are in their hands, Abaya said.

The IRR provides for mandatory alcohol and drug testing of drivers involved in accidents that  result in death or physical injuries.

The law also empowers the Land Transportation Office to conduct random testing of public utility drivers at transport terminals nationwide.

An apprehended driver who is suspected of driving under the influence of alcohol will undergo eye test or the horizontal gaze nystagmus, walk-and-turn test and the one-leg stand.

The eye test requires the driver to 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 requires the driver to walk nine steps forward in a straight line, turn, then walk back the same distance without difficulty.

In the third test, the driver is required to stand on one leg and raise the other around six inches from the ground for about 60 seconds.

If the driver passes these tests, he would be apprehended for traffic violation only, and not for violation of RA 10586.

If the driver fails any of the tests, he would be subjected to an Alcohol Breath Analyzer test to determine his blood alcohol level.

A driver found to have a higher blood alcohol level than the prescribed limit would be arrested and his vehicle impounded.  

In instances wherein a law enforcer has reasonable grounds to believe that the driver is under the influence of dangerous drugs, the driver would be brought to the nearest police station and subjected to a drug test.

The DOTC drafted the guidelines of RA 10586 together with the National Police Commission, Department of the Interior and Local Government and the Department of Health.