Drunken drivers warned: ‘DUI’ here

Eat, drink and be wary.

The House of Representatives has passed on third and final reading a bill defining and penalizing the crime of "driving under the influence (DUI)" — that is, operating a motor vehicle while intoxicated.

"Once enacted and rigorously enforced, the bill would go a long way in reinforcing road safety throughout the country," Catanduanes Rep. Joseph Santiago, one of the measure’s authors, said yesterday.

He said he hoped the Senate would act on the bill promptly once it is sent to it.

Under Bill 4893, it would be illegal for any person, while under the influence of alcohol or prohibited substances, to drive a vehicle. Once found to have a blood alcohol level (BAL) of .06 or higher, a person would be considered under the influence of alcohol.

BAL is the amount of alcohol in a person’s blood stream. It is recorded in milligrams of alcohol per 100 milliliters of blood. For instance, a BAL of .10 means that 1/10 of one percent of a person’s blood content is alcohol.

In the United States, where more than 1.5 million motorists are apprehended each year on DUI charges, the illegal blood alcohol level for drivers is .08 or higher. The most recent and famous DUI suspect in America is actor Mel Gibson.

House Bill 4893 provides that any person driving a vehicle would be deemed to have given consent to a test of his or her blood, breath, urine, or other bodily substance for the purpose of determining alcohol level or the presence of illegal drugs.

Officers may initially screen for probable DUI when a driver shows signs of impaired coordination and judgment while driving, is stopped for a traffic violation or other driving-related offenses, or is involved in an accident.

The screening would consist of a sobriety test, or the use of breath analyzers or similar devices approved by the Department of Health.

Once DUI is reasonably suspected, confirmatory chemical testing would be performed right away in a laboratory or hospital to check the presence of alcohol beyond legal limit or illegal substances.

First-time offenders face 30 days in jail, a license suspension and a fine of P1,000. The penalties would be the same for a second violation, except that the fine would be increased to P5,000. Heavier penalties are provided for succeeding offenses.

If DUI causes death, the violator would face life imprisonment, plus a fine of P1 million in the event of multiple fatalities. The punishment would carry a prison term of 12 years, a five-year license suspension and a P200,000 fine if the violation results in serious physical injuries.

The extra penalty of imprisonment of up to five years would be imposed on an offender who commits the same violation while his or her license is suspended for a prior DUI conviction.

Santiago conceded that a strict DUI law could be another weapon for corrupt law enforcers to extort money from motorists.

However, he said from the point of view of policy-making, lawmakers have to hope that officers enforce the law faithfully to minimize accidents and danger to the general public, and not use it for personal gain. — Jess Diaz