Sometime around May (I think it was around the 31st), I was on my way to work when I saw this car at Leonard Wood Road, Baguio City in front of The 45 Hotel:
|Photo grab here|
|Photo grab from Baguio Auto Forum|
with Republic Act 10586, otherwise known as “An Act Penalizing Persons
Driving Under the Influence of Alcohol, Dangerous Drugs and Other Similar
Substances”, the government is finally going after these drivers under the
influence of alcohol or dangerous drugs who have been endangering their own
lives and others.
gives law enforcement officials the authority to conduct sobriety and breath
alcohol tests on drivers. The DUI law also provides for mandatory testing on
those involved in vehicular accidents to check if they were driving under the
influence of alcohol or dangerous drugs.
crime and shall be penalized accordingly.
Great. Because they do always
insist they are sober when they can’t even talk or walk straight (slurring “Hindi ako lashing!”
while walking in a curvy line while trying to touch their nose mode) !
the Influence of Alcohol, Dangerous Drugs and other Similar Substances,” is the
law that penalizes persons who operate motor vehicles while under the influence
of alcohol and/or dangerous drugs.
law did we have before R.A. 10586?
Traffic Code (RA 4136) which prohibits driving while under the influence of
liquor or narcotics. However the penalties are light and only a few drunk
drivers ever get arrested because there is no standard procedure for
determining whether a motorist is DUI or not.
The 1991 Local Government Code also gave local government units the power to
implement their own traffic management systems, examples of which are the
Makati Traffic Code (City Ordinance 2003-089) and the City Ordinance 2005-039
of Caloocan City. Under these ordinances, drunk drivers are penalized with a
paltry P2,500 fine, imprisonment or both.
random tests allowed under the law?
enforcer can apprehend a motorist on suspicion of DUI. Indications of DUI
include swerving, overspeeding, lane straddling, weaving, sudden stops, poor
coordination or the evident smell of alcohol on a person’s breath. However, to
prevent drugged driving, Sec. 15 of R.A. 10586 authorizes the Land
Transportation Office (LTO) to conduct random terminal inspections and quick
random drug tests of public utility drivers.
are authorized to enforce the provisions of this Act?
Police (PNP), the Metro Manila Development Authority (MMDA) and cities and
municipalities to enforce the provisions of this Act.
are the tests for DUI?
which include the horizontal gaze, the one-leg stand, the walk-and-turn and
other similar tests as determined jointly by the Department of Health (DOH),
the National Police Commission (NAPOLCOM) and the Department of Transportation
and Communications (DOTC).
happens if I fail the field sobriety test?
determine your blood alcohol content (BAC) through the use of a breath analyzer
or similar measuring instrument. If the law enforcement officer has probable
cause to believe that you were driving under the influence of dangerous drugs,
it shall be his duty to 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 R.A. 9165.
alcohol and chemical testing of drivers involved in motor vehicle accidents
loss of human life or physical injuries shall be subjected to chemical tests,
including a drug screening test and, if necessary, a drug confirmatory test as
mandated under R.A. No. 9165 to determine the presence and/or concentration of
alcohol, dangerous drugs and/or similar substances in the bloodstream or body.
and drug tests shall be penalized by the confiscation and automatic revocation
of his/her driver’s license in addition to other penalties provided herein
and/or other pertinent laws.
of three months imprisonment and a fine ranging from P20,000 to P80,000 shall
provided in Article 263 of the Revised Penal Code or the penalty in the next
succeeding subparagraph, whichever is higher, and a fine ranging from
Php100,000 to Php200,000 shall be imposed.
If the violation resulted in homicide, the penalty provided in Article 249 of
the Revised Penal Code (reclusion temporal) and a fine ranging from P300,000 to
P500,000 shall be imposed.
In addition, the nonprofessional driver’s license of any person found to have
violated this Act shall be confiscated and suspended for a period of 12 months
for the first conviction and perpetually revoked for the second violation. The
professional driver’s license of any person found to have violated this law
shall be confiscated and perpetually revoked for the first conviction. The
perpetual revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
the operator and/or owner of the offending vehicle be held directly liable?
The owner and/or operator of the vehicle driven by the offender shall be
directly and principally held liable together with the offender for the fine
and award against the offender for civil damages, unless he or she is able to
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. This applies principally to the 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, taxicabs and the like.
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. To acquire this equipment and for the training seminars of deputized
law enforcement officers, the LTO shall utilize the Special Road Safety Fund of
the Motor Vehicle User’s Charge. Additional yearly appropriations for the
purchase of breath analyzers and drug-testing kits shall be provided annually
under the General Appropriations Act.
education campaign on R.A. 10586?
Every applicant for a motor vehicle driver’s license shall complete a course of
instruction that provides information on safe driving including, but not
limited to, the effects of the consumption of alcoholic beverages on the
ability of a person to operate a motor vehicle, the hazards of DUI of alcohol,
dangerous drugs and/or other similar substances, and the penalties for the
violation thereof. Every applicant for a professional driver’s license or for
renewal thereof shall undergo this driver’s education course. The driver’s
license written examination shall include questions concerning the effects of
alcohol and drug intoxication on the ability of a person to operate a motor
vehicle and the legal and pecuniary consequences resulting from violations of
the provisions of this Act.
rules and regulations (IRR) of R.A. 10586 be promulgated?
The DOTC, DOH and NAPOLCOM are jointly preparing the IRR and will promulgate
them before the end of September 2013.