The Land Transportation Office (LTO) has officially announced the strict implementation of driving under the influence of alcohol or DUI law that will start on March 12, 2015.
The Republic Act 10586 or the Anti-Drunk and Drugged Driving Act of 2013 impose heavy penalties and hefty fines. The lead agency to enforce the law is the LTO and in cooperation with the Philippine National Police (PNP), Metropolitan Manila Development Authority (MMDA), and local government units.
“Sa first instance, kung ikaw ay non-professional driver, kung napatunayan ka, first offense pa lang, kukumpiskahin namin lisensya mo at isusupinde ng labing-dalawang buwan o one year. Kung ikaw naman ay professional at [driver ng] pampublikong sasakyan, immediately natin ‘to ire-revoke,” said LTO spokesperson Jason Salvador.
“Meron po tayong bagong batas tungkol dyan (drunk driving). Ang kailangan ay tamang pagpapatupad, kailangan mas marami, dahil kung limited lang ang mga enforcers natin na magpapatupad, baka hindi kayanin. Sinasabi ko na handa nating tulungan ang LTO,” said MMDA Chairman Francis Tolentino.
Procedure
Salvador said that a traffic enforcer must first establish probable cause to order a motorist to pull over.
”Dapat maipaliwanag ang violation, kung ikaw ba ay weaving in an out of lane, nag-beat ng red light, overspeeding, reckless driving, etc.,” he said.
Anyone suspected to be under the influence of alcohol would be subject to tests. First is the Field Sobriety Test which includes eye test by following a moving object using only the eyes, walk-and-turn test by walking in a straight line without faltering and one-leg stand by keeping the foot raised about six inches off the ground with both arms on the side for thirty seconds.
If the driver failed the Field Sobriety Test. He will then be subjecte to use the ‘breathalyzer’ and three copies of the result will be printe and use as evidence.
Salvador advised, ”Huwag kayong papayag na gamit na ang mouthpiece, kasi unang-una, for hygiene purposes. Pangalawa, baka mag-false positive, kasi kung gamit na ng isang nakainom eh baka may maiwang residue, baka mag-positive ka.”
150 units of extremely expensive breath alcohol analyzers or ‘breathalyzers’ which costs P68, 500 each will be distributed nationwide and be put to use in testing drivers suspected of driving under the influence (DUI).
Here is a breakdown of facts about the new law.
HEFTY FINES
- Those who have been verified to drive while drunk will not only pay a hefty fine and suffer suspension or revocation of license but can also be sent to prison.
- If a driver violate RA 10586, the penalties range from a minimum of 3 months to a maximum of 20 years imprisonment. The fine ranges from P20,000 to P500,000.
- If a driver owns a non-professional license then there is a 12-month suspension on the first offense and a permanent revocation for the second.
- If a driver owns a professional license then there is only permanent revocation for a single offense.
- A drunk driver who figured in an accident which resulted in physical injuries shall be fined with P100,000 to P200,000 and be penalized under the Revised Penal Code.
- If a road accident resulted in homicide, a driver shall be fined with P300,000 to P500,000, and be penalized under the Revised Penal Code.
HOW THE DRIVER IS TESTE
Field Sobriety Test
- Eye test: Driver must follow with his eyes an object that the officer moves horizontally, a foot away from the your face.
- Walk-and-turn test: Driver must walk nine steps forward in a straight line, turn, and then walk back the same distance.
- One-leg stand: Driver must be able to stand on one leg and raise the other at least 6 inches from the ground and hold that position for thirty seconds.
Breath Analyzers
If the driver did not pass the field sobriety test, he will be aske to take the ABA, or breathalizer, test to analyze his blood alcohol level. To pass this test, the driver has to have a blood alcohol concentration level below 0.05%. Drivers of public utility vehicles, trucks, buses, and motorcycles, however have to have a blood alcohol level of 0.0%
- Non-professional drivers found with blood alcohol content (BAH) exceeding 0.05 percent will be penalized. For motorcycle riders and professional drivers, it’s 0.01 percent BAH.
- The breath analyzer will print out three copies of the BAH test result – one each for the driver, apprehending officer, and LTO.
Agents who will implement the law will undergo re-training from March 10 to 12 before being deploye on March 12. According to Salvador. The agents have been traine to detect and deal with potential drunk drivers.
Click here for the official copy of the implementing rules and regulations about the law.
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