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Anti-Drunk and Drugged Driving Act of 2013 (R.A. 10586)

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Anti-Drunk and Drugged Driving Act of 2013 (R.A. 10586)

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.

13 Comments

  • carlos felicerta says:

    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 ?
     

    • Atty. James Biron says:

      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

  • oliver santiago says:

    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?

    • Atty. James Biron says:

      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

    • Atty. James Biron says:

      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

        • Atty. James Biron says:

          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

  • atty. Bizon says:

    #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

  • reyjay largo says:

    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.

  • Krista Gyle Ann Matarundo says:

    Thank you Atty.Biron for this law,it really help my Project in Health…

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